REPORTABLE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Criminal No. 1083 of 2020

08 May, 2025 Parvez --Petitioner Versus State Of Uttarakhand --Respondent ----------------------------------------------------------------------

Presence:-

Mr. Sandeep Tiwari, learned counsel for the petitioner.

Mr. S.C. Dumka, learned AGA for the State.

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Hon'ble Pankaj Purohit, J.

The petition was forwarded by the petitioner-

Parvez, S/o Ramzani, a convict from District Jail, Haridwar through Superintendent of District Jail, Haridwar to Assistant Registrar of High Court of Uttarakhand at Nainital stating therein that the petitioner was implicated falsely in a criminal case; on the date of commission of offence, petitioner was 15 years of age and accordingly, the benefit of juvenility be extended to him as per law. The said petition of the petitioner was registered as WPCRL No.1083 of 2020 vide order dated 22.07.2020.

2. The facts shorn-off unnecessary details in short are that an incident took place on 06.07.2003 alleging offence of dacoity with murder at Kankhal, Haridwar. The first information report of the incident was lodged on 07.07.2003 against the petitioner-Parvez and two others, namely, Rafi & Sonu under Sections 396 & 412 IPC at Police Station Kotwali Roorkee, District Haridwar.

3. After investigation, a charge-sheet was submitted by the police against the petitioner-Parvez and two other persons, namely, Rafi @ Furkan and Sonu on

17.10.2003 under Sections 396 & 412 IPC. The trial proceeded and ultimately, all accused persons including petitioner were convicted vide judgment and order dated 01.09.2006 under Section 396 IPC and sentenced to life imprisonment along with fine of Rs.5 lakhs each with default stipulation. However, the accused-Rafi @ Furkan was also convicted under Section 412 IPC and sentenced to seven years’ R.I. with fine of Rs.1 lakh with default stipulation in Sessions Trial No.39 of 2004, State vs. Rafi & others, passed by learned Additional Sessions Judge/1st Fast Track Court, Roorkee, District Haridwar. The petitioner-Parvez was arrested on 10.07.2003 by the police in connection with the aforesaid first information report. The conviction and sentence recorded by learned Additional Sessions Judge/1st F.T.C., Roorkee, District Haridwar was affirmed by this Court, by its judgment and order dated 13.06.2012 passed in Criminal Appeal No.220 of 2006, whereby criminal appeal preferred by the petitioner and other co-accused was dismissed.

4. It transpires from the record that petitioner has not challenged the said judgment and order dated 13.06.2012 passed by High Court, whereby his conviction and sentence passed by the trial court was affirmed any further. Thereafter, petitioner moved the instant petition from jail referred hereinabove claiming the benefit of juvenility on the ground that on the date of commission of offence i.e. on 06.07.2003, he was 15 years of age.

5. The Co-ordinate Bench of this Court vide order dated 06.12.2023, passed an order, which is as under:-

“The Court requests Sessions Judge, Haridwar to conduct an inquiry with regard to the date of birth of the petitioner. He may like to take into consideration school leaving certificate Annexure 1 to the writ petition, all the document that are submitted by the petitioner while writing examination conducted by the National Institute of Open School, family register, any ossification test ever done etc. and after scrutinizing and evaluating the material the Court expects the report is placed before the Court with regard to the date of birth of the petitioner.

List on 12.01.2024.

The copy of the petition may be forwarded to the Sessions Judge, Haridwar immediately.”

6. Pursuant to the order dated 06.12.2023 passed by the Co-ordinate Bench of this Court, the inquiry was conducted by the District & Sessions Judge, Haridwar and a report dated 15.02.2024 was forwarded to this Court. The report sent by Dis