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IN THE HIGH COURT OF ALLAHABAD
VINOD PRASAD, J.
VINEET KUMAR - Appellant
Versus
STATE OF U.P. - Respondents
Crl. R. 310 Of 2004
Decided On : 05/23/2007
Juvenile - Criminal Proceedings - Juvenile Justice (Care and Protection of Children) Act, 2000, Section 14 - Summary
Fact of the Case:
The revisionist filed a criminal revision challenging the order of the Additional Sessions Judge, Bijnor, declaring the accused as a juvenile and granting him bail in a murder case. The accused was alleged to have murdered the revisionist's brother. The accused initially failed to obtain bail and later claimed to be a juvenile after a year and four months when the case was committed to the Court of Sessions for trial.
Finding of the Court:
The Court found that the accused had used forged documents to claim juvenile status and obtain bail. The Court also noted that the accused had not claimed to be a juvenile at the outset of the legal proceedings and resorted to the claim only after failing to secure bail on the merits of the case. The Court held that the accused's actions were a manifest error of law and that the impugned order was illegal and unjustified.
Issues: The issues revolved around the determination of the accused's juvenile status, the use of forged documents, and the timing of the accused's claim to be a juvenile in the legal proceedings.
Ratio Decidendi: The Court emphasized that the accused's use of forged documents and the timing of his claim to be a juvenile were key factors in the decision. The Court also highlighted that the Juvenile Justice Act is meant to benefit juvenile offenders and should not be misused by individuals facing serious criminal charges.
Final Decision: The Court set aside the orders declaring the accused as a juvenile and granting him bail. The accused's bail was cancelled, and the Trial Court was directed to issue a non-bailable warrant for his arrest and lodge him in jail.
( 2 ) PRELUDE to the whole proceedings lies in a FIR (Annexure No. 1) lodged by the revisonist vineet Kumar on 4-4-2002 at 11. 15 a. m. in respect of the murder of his brother vinay Kumar alias Neetu, by spade on the same day at about 9. 30 a. m. by accused amit Kumar respondent No. 2 along with brijesh and Baljor as his socio criminises. The FIR of the revisionist was registered as crime No. 116 of 2002 u/ss. 302/504/506, ipc at P. S. Kotwali Dehat, district Bijnor. Amit Kumar respondent No. 2 was arrested and put in jail. To seek his release he moved his bail application before the Sessions judge, Bijnor but the same was rejected on 19-7-2002. He then approached this Court vide bail application notice No. 14636/02 amit v. State of U. P. on 26-7-2002. It is relevant to point out that no ground of being juvenile was taken in the aforesaid bail application. It further transpires that the respondent accused failed to obtain bail from this Court as well through the aforesaid notice of bail application.
( 3 ) AFTER a gap of one year and four months, when the case of respondent accused was committed to the Court of Sessions for trial as S. T. No. 337/02 State v. Amit and others then the respondent accused moved an application on 6-8-2003 that he was a juvenile on the date of the murder and, therefore, he should be declared as such and be treated in accordance with Juvenile Justice (Care and Protection of Children) Act, 2000, hereinafter referred to as Act. He also sought his release from jail on the said ground by filing a bail application. Application for declaration of juvenile is annexure No. 2 to the affidavit filed in support of this revision. Along with the said application he had filed the photocopy of the Scholar Register and transfer certificate form of Raja Jwala Prasad Arya Inter college, Bijnor in which his date of birth was mentioned as 10-8-1985. It was also mentioned in the said transfer certificate that the last institution attended by the scholar was Sri Krishna Uchch Prathamik School, dwarikapuri, district Bijnor.
( 4 ) SINCE the Board was not constituted in Bijnor by that time under the Act, therefore, additional Sessions Judge, Court No. 5, Bijnor, in accordance with Section 6 (2) of the Act, exercised the: power of the Board and started an inquiry for determining the age of respondent accused. In the said inquiry informant examined P. W. 1 Iftkar ahmad Nakavi, the Principal of Sri Bidur guru Grih Inter College, Dara Nagar, vidurpuri, Bijnor. From the said institution the respondent accused had filled the form for High School Examination in the year 2001 and was allotted the Roll No. 226 1259 and his examination centre was Janta Inter college, Dhokhlapur, district Bijnor. The said witness had proved the marks sheet etc. of the said examination along with the tabulation sheet as was feeded in the computer by board of High School, U. P. According to the said tabulation sheet sent by the board, the date of birth of respondent accused was entered as 10-8-1983. He had further deposed that the said date of birth was entered by the candidate himself and birth certificate was also appended by him at the time of filling of the form for his appearance in High School Examination as a private candidate.
( 5 ) THE Additional Sessions Judge examined sanjay Kumar, the Head Master/principal of sri Krishna Uchch Prathmik School. Dwarikapuri as P. W. 2. It was this insti
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