- (1.) Heard Mr. M.P. Singh Gaur, learned counsel for the revisionists, Mr. Pankaj Satsangi, Advocate has filed his parcha on behalf of respondent No. 2 and learned AGA for the state respondent. This criminal revision is directed against the judgment and order dated 3.7.2014 passed by Additional Sessions Judge, Court No. 6, Badaun in Sessions Trial o. 43 of 2012 (State v. Irfan and others) under Section 302 IPC, P.S. Islam Nagar, District Budaun, whereby the application filed on behalf of both the revisionist for declaring him juvenile under the provisions of Juvenile Justice (Care and Protection of Children) Act 2000 (in short Juvenile Justice Act) has been rejected. Brief facts of the case are that the revisionists Rizwan and Amir Suhil (minors) were summoned by the trial court in exercise of power under Section 319 Cr.P.C. for facing trial in Sessions Trial No. 43 of 2012 (State v. Irfan and others), under Section 302, 34, 120-B I.P.C. In the meantime, an application paper 41(kh) was moved by the father of the revisionists claiming juvenility on the date of incident under the provisions of Juvenile Justice Act. Trial Court after considering the arguments of both the parties and relying upon the voter list submitted by the prosecution rejected the application of the claimant vide order dated 3.7.2014. It is this order which is subject-matter of challenge before this Court.
(2.) Perusal of the impugned order reveals that the application of revisionists claiming juvenility was primarily rejected on the ground that no evidence has been adduced on behalf of the revisionists and therefore relied upon the voter list produced by the prosecution. But the contents of the application paper 41(kh) indicates that the application itself contained averment that there was no educational or age certificate available as both the revisionists/accused were illiterate. Father of the revisionists, therefore, stated that it was not possible for him to provide any certificate required under the law. The claimant specifically requested the trial court to get the medical examination conducted for ascertaining the age of the revisionists.
(3.) Section 7-A of the Juvenile Justice Act envisages an inquiry to be conducted before claim of juvenility is determined. Section 7-A of the Act provides as under: Section 7-A. Procedure to be followed when claim of juvenility is raised before any Court-- (1) Whenever a claim of juvenility is raised before any Court or a Court is of the opinion that an accused person was a juvenile on the date of commission of the offence, the Court shall make an inquiry, take such evidence as may be necessary (but not an affidavit) so as to determine the age of such person, and shall record a finding whether the person is juvenile or a child or not, stating his age as nearly as may be; Provided that a claim of juvenility may be raised before any Court and it shall be recognized at any stage, even after final disposal of the case, and such claim shall be determined in terms of the provisions contained in this Act and the rules made thereunder, even if the juvenile has ceased to be so on or before the date of commencement of this Act. (2) If the Court finds a person to be a juvenile on the date of commission of the offence under sub-section (1), it shall forward the juvenile to the Board for passing appropriate order, and the sentence, if any, passed by a Court shall be deemed to have no effect.";