- (1.) Application No. 193240 of 2014 has been filed by the appellant No. 4, Heera in Criminal Appeal No. 119 of 1986 with the prayer that an enquiry may be got conducted in respect of juvenility of the convict having regard to the fact that in his statement under Section 313, Cr.P.C. he had disclosed his age as 20 years and he would be aged about 18 years 2 months and 1 day on the date of incident, i.e., 17.12.1983. In paragraph 10 of the affidavit filed in support of the application it is stated that there is a chance that the applicant may be less than 18 years on the date of incident and, therefore, an enquiry, to ascertain the age of appellant No. 4, is necessary. In view of the amendment introduced in Juvenile Justice (Care and Protection of Children) Act, 2000 as amended in the year 2006 with the addition of Section 7A to the Act.
(2.) We may record that except for the reliance on the statement recorded under Section 313, Cr.P.C. before the trial court, no other document or evidence has been brought on record by Heera to support his plea of his being juvenile within the meaning of Section 7A read with Section 20 of the Act, 2000 on the date of incident.
(3.) In support of his contention, counsel for the appellant has placed reliance upon the judgment of the Apex Court in the case of Abuzar Hossain alias Gulam Hossain v. State of West Bengal,2012 79 ACC 991, specifically paragraph 8.;