ZEEGEE LACHENPA Vs. STATE OF SIKKIM

JUDGEMENT

(1.) When the matter was taken up for hearing today, Mr. Tashi Rapten Barphunga, Learned Counsel for the Appellant, at the very inception, brought to the notice of this Court Exhibit 5, birth certificate in respect of the Appellant, issued by the Chief Registrar of Births and Deaths, Health and Family Welfare Department, Government of Sikkim, wherein the date of his birth is found entered as 09.07.1992 and, as would appear from the relevant column, it was issued on 20.03.1998, which is the very day when it was registered.

(2.) Mr. Barphungpa submits that the seizure of this document was made by the Investigating Officer during the course of the investigation of the case vide seizure memo Exbt.10 dated 07.04.2010 at Lachen, North Sikkim. These facts are undisputed.

(3.) It is thus submitted that on 20.03.2010 when the offence was committed, as would appear from the FIR, the appellant would be a minor of just over 17 years, and, therefore, a juvenile in conflict with law as contemplated under Section 2 (l) of the Juvenile Justice (Care and Protection of Children) Act, 2000. In view of this, the Learned Counsel would submit that the entire proceedings held against the Appellant before the trial Court stand vitiated and the conviction and sentence liable to be quashed.