Suraj vs State of Haryana - 2023 Supreme(P&H) 2566

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 2566

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
G.S. SANDHAWALIA, HARPREET KAUR JEEWAN, JJ.
Suraj – Appellant
Versus
State of Haryana – Respondent
CRM NO. 8027 of 2021 IN CRA-D NO. 856-DB of 2017 (
Decided On : 11-01-2023

Advocates Appeared:
For the Appellant :Mr. Randeep S. Dhull, Advocate
For the Respondent: Mr. Hitesh Pandit, ADDL. A.G., Haryana

Headnote:(A) Juvenile Justice (Care and Protection of Children) Act, 2000 - Section 14 and 7-A - Procedure for determining juvenility - Application filed to declare Suraj as juvenile post-conviction for offences under IPC and POCSO Act - Court established that a claim of juvenility can be raised at any stage, maintaining procedural fairness and best interest of the child. Applicants' documents viewed critically due to trial court's strict evidential standards - Appeal granted to reconsider juvenility, reinforcing the obligation of courts to ensure the rights of children in conflict with the law are upheld. (Paras 7-40)

(B) Legal principles of juvenile justice - Claims of juvenility must be promptly inquired into, with courts obligated to consider all relevant evidentiary documentation and witness testimonies, including through direct witness examination where necessary - Strict adherence to timelines for expedient resolution of child-related matters emphasized to prevent psychological harm and ensure justice. (Paras 10-39)

Table of Content
1. factual background of the case (Para 1 , 2 , 3 , 4 , 5 , 6)
2. arguments regarding juvenility claim (Para 7 , 8)
3. court's analysis on provisions of juvenile justice act (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16)
4. observations on trial court's handling of juvenility claim (Para 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24)
5. implications of not addressing juvenility (Para 25 , 26 , 27 , 28)
6. obligation to conduct a proper inquiry (Para 29 , 30 , 31 , 32)
7. final orders and directives issued by the court (Para 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40)

JUDGMENT

Harpreet Kaur Jeewan, J - An application under Section 14 of the Juvenile Justice (Care and Protection of Children), Act, 2000, read with Section 482 of the Code of Criminal Procedure, 1973, has been filed praying for referring the matter to the Juvenile Justice Board (hereinafter referred to as "the Board") for holding an enquiry and declaring Suraj (applicant-appellant) as juvenile.

2. Facts relevant for the adjudication of the present application are as follows:

i. On 06.02.2016, an information was given in the Police Station Surajkund, District Faridabad, that a bad act has been committed upon the victim X and thereafter, officer in the Women Cell met the victim X and the parents. The victim X informed that she (victim) was a student of 5th standard and the applicant who was residing in her neighbourhood was on visiting terms. [About 02 months ago when her parents had gone to their work, at about 02:00 p.m., applicant Suraj along with his friend Akram came to her house. Firstly, Suraj committed the bad act with her against her wishes and thereafter, Akram committed the said bad act]. Both have threatened her that in case she narrates the incident to anyone, they would kill her and her family members. Due to fear, she did not disclose the facts to anyone. Ultimately, she disclosed the facts to her mother.

ii. FIR No. 61 dated 10.02.2016 under Section 452, 376-D, 506 of the IPC and Section 6 of the POCSO Act was registered on the basis of the statement of the victim. Her statement was recorded under Section 164 of the Cr.P.C. by the Illaqua Magistrate and her medical examination was also conducted. The applicant as well as Akram were also arrested and subjected to medical examination.

iii. After completion of the investigation, 'challan' under section 6 of the Protection of Children from Sexual Offences Act, 2002 (hereinafter referred to as the POCSO Act) and Sections 452/376- D/506 of the IPC was presented before the learned Additional Sessions Judge, Faridabad, whereas separate 'challan' was presented against the juvenile Akram before the Board. Charge sheet was issued on 12.05.2016 against the applicant for commission of the offence under Section 452 read with Section 34, 376-D, 506 of the IPC and Section 6 of the POCSO Act.

iv. An application was moved by the applicant on 17.06.2016 to declare him juvenile before the said Court mentioning his date of birth as 04.04.1998. The said application was dismissed, on the ground that the applicant could not produce any document in support of the date of birth as 04.04.1998. It was observed that Mark-A is not original, Mark-B is single page of the bank account and Mark-C is copy of certificate from the school but no witness from the school or from the bank has been examined to prove the said documents. (Even the parents had not appeared before the Court to confirm the date of birth. This led the Court to decline the application.

v. The applicant was tried as an adult.

vi. After recording 16 witnesses on behalf of the prosecution, recording the statement under Section 313 of the Cr.P.C. the applicant was convicted and the sentence was awarded under Sections 376-D/506 and 452 read with Section 34 of the IPC.

3. The applicant preferred an appeal against the judgment and order of conviction and sentence passed by the trial Court. During the pendency of the appeal, he filed an application for suspension of sentence.

4. During t