Point of Law: Determination of Juvenility - Assistant Sessions Judge, Chengannur to decide the plea of juvenility raised by the petitioner as provided under Section 9(2) and (3) of the J.J Act and take appropriate decision.

ORDER :

The petitioner, who got arrayed as accused No.4 in S.C.No.768 of 2019 pending before the Assistant Sessions Judge, Chengannur, has initiated this proceedings under Section 482 of the Code of Criminal Procedure.

2. The prayer herein is to quash Annexure A complaint, Annexure B order and all further proceedings pursuant to the same in S.C.No.768 of 2019 pending before the Assistant Sessions Court, Chengannur.

3. Heard the learned counsel for the petitioner, the learned Public Prosecutor as well as the learned counsel appearing for the defacto complainant.

4. It is argued by the learned counsel for the petitioner that as on the date of occurrence, ie. on 10.08.2013, the petitioner was aged 15 years and 9 months, therefore, the petitioner should have to be dealt under Section 6 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as `the J.J Act' for short) and the relevant provisions to deal with a juvenile. According to the learned counsel for the petitioner, Annexure A private complaint was lodged based on false allegations, arraying the petitioner as a person, aged 26 years, among other accused alleging commission of offences under Sections 324, 326, 308 r/w 34 I.P.C. The Judicial First Class Magistrate Court-I, Chengannur, conducted enquiry under Section 202 of the Cr.P.C and after having satisfied that the complainant had made out a prima facie case, cognizance was taken for the said offences and ultimately the case was committed to the court of Sessions since the offence under Section 308 I.P.C, one exclusively triable by a court of session also involved. It is submitted by the learned counsel for the petitioner further that, in this matter, the question of juvenility is not raised before the committing court or before the Sessions Court so far.

5. The learned counsel for the petitioner placed heavy reliance on Annexue C birth certificate of the petitioner showing his date of birth as 10.05.1997 and Annexure D, copy of Secondary School Leaving Certificate (SSLC) showing the same as the date of birth, to assert the point that the petitioner was a minor at the time of occurrence.

6. On perusal of Annexures C and D, it could be gathered that as on the date of occurrence, the petitioner completed 15 years and 9 months and he was a juvenile. Though the learned counsel for the defacto complainant opposed quashment of this proceedings, he also conceded the age of the petitioner as shown in Annexures C and D. The learned Public Prosecutor also not disputed the said fact. In view of the above factual scenario, the following questions arise for consideration:

(i) What is the procedure to be followed when a person claims juvenility in a regular court where he got arrayed as an accused?

(ii) What is the mode of proof in the matter of juvenility and the burden is upon whom?

(iii) Once it is found that the claim of juvenility in the affirmative, what should be the procedure to be followed?

7. Admittedly, in this matter trial not started so far. In this connection, I would like to refer a recent decision rendered by the Apex Court reported in [2021 KHC 6718], Rishipal Singh Solanki v. State of Uttar Pradesh & Ors. In the said case, while dealing with the claim of juvenility raised by one among the accused, the Apex Court laid down the following principles:

“Dismissing the appeal, the Court held (B.V.Nagarathna, J.):

(i) A claim of juvenility may be raised at any stage of a criminal proceeding, even after a final disposal of the case. A delay in raising the claim of juvenility cannot be a ground for rejection of such claim. It can also be raised for the first time before this Court.

(ii) An application claiming juvenility could be made either before the Court or the JJ Board.

(iia) When the issue of juvenility arises before a Court, it would be under sub-section (2) and (3) of S.9 of the JJ Act, 2015 but when a person is brought before a Committee or JJ Board, S.94 of the JJ Act, 2015 applies.

(iib) If an