GURDEEP SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This appeal by way of special leave arises out of the following facts:

(2.) Before us today, Mr. Nagendra Rai, learned Senior Counsel has attempted to argue the matter on the merits of the case as well. We find absolutely no reason to interfere in the orders of the trial court and the High Court insofar as the involvement of the appellant is concerned. In the light of the fact, however, that there seems to be uncertainity as to his age on the date of the incident, we feel that the matter requires a further inquiry on this limited aspect. We, accordingly, while dismissing the appeal on merits, remit the case to the trial court which shall make an inquiry under Section 20 of the Juvenile Justice (Care & Protection of Children) Act, 2000, read with Rule 12 of the Juvenile Justice (Care & Protection of Children) Rules, 2007, and in case it is found that the appellant was not a juvenile on the date of the incident of the offence, no further orders will be necessary. However, in case it is found that he was a juvenile, proceedings under the Act shall be taken and the sentence awarded to him will be set aside and his case will be forwarded to the Board set up under the Act. We also direct that as the appellant is on bail he shall continue to remain on bail during the inquiry.