BABLOO PASI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Leave granted.

(2.) This appeal, by special leave, is directed against the judgment and order dated 21st December, 2006 rendered by the High Court of Jharkhand at Ranchi in Criminal Revision No. 836 of 2006. By the impugned order, the High Court has allowed the revision petition preferred by the accused under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short 'the Act') against the order passed by the Juvenile Justice Board, Dumka (hereinafter referred to as 'the Board'). The learned Single Judge has held that on the date of commission of the alleged offences, the accused was a "juvenile" within the meaning of the Act.

(3.) Rajesh Mahatha, the accused and respondent No.2 in this appeal, was apprehended for having committed offences under Sections 304B and 306 of the Indian Penal Code, 1860 (for short 'I.P.C.'), in relation to the death of his wife, on the basis of the statement made to the police by the brother of the deceased, the appellant herein. It appears that when the accused was produced before the Chief Judicial Magistrate, Deoghar, he claimed himself to be a "juvenile" as having not attained the age of eighteen years and, therefore, entitled to the protection and privileges under the Act. Accordingly, he was sent to the Child Rehabilitation Centre, Dumka. Since the claim of the accused was disputed on behalf of the prosecution, on 8th February, 2006, the Chief Judicial Magistrate directed the accused to produce evidence/certificate in support of his claim, which he failed to do. It seems that without recording any opinion whether the accused was a Juvenile or not, the Magistrate referred him to the Board. Since the accused failed to produce any evidence regarding his age, the Board referred him to a Medical Board for examination and determination of his age. Taking into consideration, the documentary evidence adduced by the prosecution and observing his physical built up, the Board concluded that the accused was above eighteen years of age on the date of occurrence; was not a juvenile and, therefore, was not required to be dealt with under the Act. Accordingly, the Child Rehabilitation Centre, Dumka was directed to transfer the accused to the regular jail with a direction to its Superintendent to produce the accused before the Court of Chief Judicial Magistrate. The order passed by the Board was challenged by the accused in the High Court. The High Court was of the view that the Board had ignored the opinion of the Medical Board obtained in terms of Rule 22(5)(iv) of the Jharkhand Juvenile Justice (Care and Protection of Children) Rules, 2003 (for short 'the Rules'), wherein the age of the accused was shown as 17-18 years. Thus, exercising its revisional jurisdiction, the High Court allowed the revision petition; quashed the order of the Board and held that at the relevant time the accused was a juvenile. The brother of the victim has preferred this appeal by special leave.