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HARINDER SINGH SIDHU, LALIT BATRA
Azad @ Ismail – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Lalit Batra, J.
This petition under Section 482 Cr.P.C. has been moved by petitioner-Azad @ Ismail seeking order for inquiry to determine his age for declaring him "juvenile in conflict with the law", in case FIR No.898 dated 15.12.2014 under Sections 120-B, 326-A and 452 IPC, registered at Police Station Palam Vihar, Gurgaon.
2. Learned counsel for the petitioner has inter alia contended that in case FIR No.898 dated 15.12.2014, as detailed above, petitioner was held guilty, convicted and sentenced for the commission of aforesaid offences, vide judgment of conviction dated 30.01.2017 and order on quantum of sentence dated 08.02.2017 passed by learned Additional Sessions Judge, Gurgaon. He further contended that appeal (CRA-D-860-DB-2017) preferred by petitioner against his conviction and sentence, was dismissed by this Court, vide judgment dated 28.05.2019. He further contended that no appeal was preferred by the petitioner against judgment dated 28.05.2019.
Learned counsel for the petitioner further contended that incident had occurred on 15.12.2014, whereas date of birth of petitioner is 21.06.1998, therefore, at the time of commission of offence, he was aged 16 years, 0
The court confirmed that a claim of juvenility can be raised at any stage, impacting sentencing under the Juvenile Justice Act.
(1) Claim of juvenility may be raised before any Court which shall be recognised at any stage even after final disposal of case.(2) Decision against determination of juvenility ought not to be taken ....
(1) Claim of juvenility might be raised before any court and it shall be recognized at any stage, even after final disposal of case – If two views are possible, Court should lean in favour of holding....
(1) Juvenile accused – Medical opinion based on Bone Ossification Test, is not entirely accurate – In a case of juvenility where two views are possible, liberal approach should be undertaken.(2) Bene....
An individual assessed to be a juvenile at the time of offence must not be tried as an adult, with their age determination being essential for proper legal proceedings.
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