Juvenile Justice (Care and Protection of Children) Act, 2000
Sections 2(k), 2(1), 7A, 15(1)(g) and 20 Appellant was a Juvenile at the time of commission of the offence- The three accused were convicted for the offence punishable under Section 376(2)(g) of the IPC, and sentenced to 10 years' rigorous imprisonment and a fine of Rs. 500/, and further two months' rigorous imprisonment in default of payment of fine. Aggrieved by the same, the three accused appealed to the High Court.
The Appellant, inter alia, raised the defence before the High Court that he was aged less than 18 years at the time of commission of the offence, i.e. 14.09.2000. and hence was entitled to the benefit of the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000 (in short, "the 2000 Act"). The High Court, however, rejected such contention and affirmed the conviction of the three accused, including the Appellant.
We are of the opinion that it has been conclusively established that the date of birth of the Appellant was 12.07.1984 and as such he was aged 16 years, 2 months and 2 days at the time of commission of the offence dated 14.09.2000. In such circumstances, we do not have any doubt that the inquiry conducted by the Registrar (Judicial) upon the direction of this Court in the instant matter amounts to an inquiry conducted by this Court itself, and is conclusive proof of the age of the Appellant as provided in Rule 12(3) of the 2007 Rules. As the Appellant satisfies the requirement of Sections 2(k) and 2(1) of the 2000 Act, the said Act is applicable to him in full force in light of Section 7A and Section 20.
Criminal Appeal hereby stands allowed and the order of the High Court affirming the conviction and sentence of the Appellant under Section 376(2)(g) of the IPC is set aside. Seeing that the Appellant has already spent 6 years in imprisonment, whereas the maximum period for which a juvenile may be sent to a special home is only 3 years as per Section 15(1)(g) of the 2000 Act, and since the Appellant has already been enlarged on bail by virtue of the order of the Court dated 09.05.2014, he need not be taken into custody. His bail bonds stand discharged and all proceedings against him, so far as they relate to the present case, stand terminated.... Raju -VS- The State of Haryana, [6 LM (SC) 107]
