RANJEET GOSWAMI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Leave granted.

(2.) We notice with concern the commission of large number of crimes by the juveniles at a time when there is a hue and cry to lower the age limit of juvenile in conflict with law within the meaning of clause (l) of Section 2 of the Juvenile Justice (Care and Protection of Children) Act, 2000. Claiming juvenility large number of applications are also being filed before the criminal courts and age determination enquiry orders passed by the Board themselves result in several litigations right up to this Court. This case is also one among them in spite of the various directions given by this Court as to how to determine the age of a juvenile in conflict with law in Ashwani Kumar Saxena v. State of M. P., 2012 9 SCC 750.

(3.) The appellant herein was charge-sheeted for the offences under Sections 376, 302 and 201 of the Indian Penal Code, along with three others. The appellant, after submission of the charge-sheet, surrendered before the court on 13.06.2008 and filed an application before the Chief Judicial Magistrate, Dumka on 17.06.2008 stating that on the date of occurrence i.e. 12/13.04.2008 he was a juvenile since his date of birth was 10.05.1991, as per the records kept in the Primary School, Benagadia.