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2023 Supreme(Manipur) 15
IN THE HIGH COURT OF MANIPUR
A. Guneshwar Sharma, J.
Thoudam Michael Singh - Appellant
Versus
State of Manipur Represented By The Principal Secretary/ Commissioner (home), Government of Manipur - Respondent
Criminal Revision Petition No.8 of 2023
Decided On : 27-09-2023
Important Points
Subject
Criminal Law - Juvenile Justice
Act Referred
JUVENILE JUSTICE CARE AND PROTECTION OF CHILDREN ACT: S.102, S.9, S.94
JUVENILE JUSTICE CARE AND PROTECTION OF CHILDREN RULES: R.12(3)(iii)
PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT: S.12, S.8
Headnote
Findings of Court:
The accused was found to be a juvenile on the relevant date.
Issues: The core issue was the procedure and determination of juvenility based on available documents and medical evidence.
Ratio Decidendi: The court reinforced the hierarchical validity of documents as mandated by the JJ Act, insisting that educational records should take precedence over inconclusive medical evaluations.
Result: Petition allowed, order set aside.
Mr. Y. Devadutta, Advocate and Mr. Borish Laishram, Advocate, for the Appellant, Mr. Y. Ashang, PP, for the State.
| Table of Content |
|---|
| 1. juvenile justice act application (Para 1 , 2 , 3) |
| 2. background of the accused and age determination (Para 4) |
| 3. testimonies regarding age (Para 5 , 6) |
| 4. medical examination findings (Para 7) |
| 5. compliance with legal documents (Para 8 , 9 , 10) |
| 6. arguments on the rejection of documents (Para 11 , 12 , 13) |
| 7. legal standards and case laws on juvenility (Para 14 , 15 , 17 , 19) |
| 8. court's decision on the case (Para 20 , 21) |
| 9. final ruling directing the transfer of proceedings to the juvenile justice board. (Para 22) |
JUDGMENT ORDER (CAV)
A. Guneshwar Sharma, J. - The present Cril.Rev.Petition is filed by the petitioner/accused under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (in short JJ Act) for setting aside the impugned order dated 31.03.2023 passed by the Ld. Fast Track Special Court No.1, Manipur in Cril. Misc. Case No.39 of 2021. By the impugned order, the learned Special Court FTSC No.1, Manipur held that the petitioner/accused was not below the age of 18 years at the relevant time of the incident. The petitioner filed Cril. Misc. Case No.39 of 2021 before the FTSC No.1, Manipur under Section 9 of the Juvenile Justice (Care and Protection of Children) (JJ Act), 2015 for remitting the Spl. Trial Case No.04/17/93/2020 in C/W FIR No.89(04)2013 Singjamei Police Station U/S 354- A/376 IPC and Section 8 of POCSO Act, 2012 where the petitioner who was accused in the present case prayed for declaring him as a juvenile at the time of occurrence of the alleged incident and to remit the case to the Juvenile Justice Board, Imphal West for inquiry as per law.
2. Heard Mr. Y. Devadutta, learned counsel assisted by Mr. Borish Laishram, learned counsel for the petitioner and Mr. Y. Ashang, learned PP for the State.
3. The brief fact of the case is that the petitioner was accused in FIR No.89(04)2013 SJM PS U/s 354-A/376 IPC and Section 8 of POCSO Act, 2012. As per the FIR, the petitioner was accused of sexually assaulting a minor girl.
3.1 Vide order dated 29.5.2017 in Spl. Trial (POCSO) Case No.4 of 2017, the Ld. Spl. Judge (POCSO), Imphal West, Manipur framed charge against the petitioner for offence punishable under Sections 4 and 12 of the POCSO Act. The petitioner/accused did not plead guilty and prayed for trial. The case was later on, transferred to the Court of FTSC No.1, Manipur and registered as Spl. Trial Case No.04/2017/93/2020.
3.2 The petitioner filed an application being Cril. Misc. Case No.39 of 2021 under Section 9 of Juvenile Justice Act, 2015 praying for remitting the trail to Juvenile Justice Board, Imphal West as he was a minor at the time of alleged commission of the offence in the above referred FIR, i.e., on 05.04.2013.
3.3 Along with the application, the petitioner/accused filed copy of the reading certificate issued by the Principal of the Little Master English Higher Secondary School, Samurou on 21-12-2021, copy of the provisional certificate of ThoudamSobita Devi, elder sister of the accused issued by the Headmaster of LangthabalNambulmapal High School, Imphal for passing high school examination in the year, 2011 and copy of admit card of his elder sister.
3.4 Vide order dated 9.8.2022, the Ld. FTSC No.1, Manipur rejected the reading certificate issued by the school as it was not on the basis of the date of birth.
3.5 As per the certificate (Annexure-A/5) issued by the Principal of the Little Master English Higher Secondary School, the date of birth of the petitioner/accused is 01.02.1996 and it is statedthat on the date of occurrence, i.e., on 05.04.2013, the petitioner would be age of 17 years 2 months and four days and hence, he is a minor and the trial to be conducted under the provisions of the Juvenile Justice Act, 2015.
4. Vide order dated 09.08.2022, the Ld. FTSC No.1, Manipur rejected the School Certificate dated 21.12.2021 with respect to the date of birth of the petitioner as the same was not on the basis of any authentic information relating to the date of b
