AJAY KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Leave granted. The issue that is raised for consideration in this appeal is whether the appellant herein was a juvenile on the date of commission of the offence, that is, on 17-2-1994. An issue regarding the age of the appellant and that he was a juvenile was raised before the trial court. However, despite the fact that the said issue was raised, no categorical finding was given by the trial court in that regard.

(2.) The said issue was however not raised by the appellant before this Court at the time of filing of the appeal but has now been raised by filing a separate application under Section 7-A of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as "the Juvenile Justice Act") claiming juvenility of the appellant on the date of the offence. It is stated in the application that his date of birth is 3-7-1978 and therefore he was aged 15 years 7 months 14 days on the date of occurrence.

(3.) In terms of the Juvenile Justice Act, an inquiry is to be conducted by the court before whom such a plea is raised and the court has to render a finding as to whether or not the appellant was a juvenile and in case he is found to be juvenile then in that event, the court has to forward the papers to the Board for passing an appropriate order and that the sentence passed by the court shall be deemed to have no effect.