- (1.)This matter is required to be heard for further hearing as the question has been raised that the Petitioner was a Juvenile at the time of commission of an offence Under Section 376(2)(g) Indian Penal Code which plea was not raised before the trial Court. However, this question was raised before the High Court as it was submitted that the Petitioner was a Juvenile at the time of commission of an offence. The High Court further disbelieved the version and proceeded to decide the case on merit and upheld the conviction and sentence imposed on the Petitioner. However, this Court vide order dated 09.08.2012 directed the Registrar (Judicial) of this Court to hold a proper inquiry in regard to the age of the accused Appellant which has gone in his favour but the question emerges whether the report of the Registry of this Court in regard to the age of the Appellant so as to be held as Juvenile should be allowed to prevail over the judgment and order of the High Court. This aspect of the matter was not addressed by the counsel for the parties.
(2.)We are therefore of the view that this requires further hearing and hence it be placed before the appropriate Bench to consider this aspect as to whether the plea of Juvenility decided by the officers of the Registry of the Court should be given precedence over the view of the High Court. Put up accordingly.