LAWS(SC)-2008-5-19

VIMAL CHADHA Vs. VIKAS CHOUDHARY

Decided On May 27, 2008
VIMAL CHADHA Appellant
V/S
VIKAS CHOUDHARY Respondents

JUDGEMENT

(1.) Leave granted.

(2.) How to determine the age of a juvenile in delinquency within the meaning of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short 'the Act') is in question in this appeal which arises out of a judgment and order dated 11th September, 2001 passed by a learned Single Judge of the Delhi High Court in Criminal Revision No. 156 of 2007 whereby and whereunder an order dated 20th January, 2007 passed by a learned Additional Session Judge, Delhi, was set aside.

(3.) Appellant before us is the first informant, the father of a boy, Parkash Chadha @ Sunny who was kidnapped for ransom and later on murdered. He was aged about 20 years. He was found missing after he had gone out with his friends on 18th January, 2003. A missing report was lodged on the said date. On or about 19th January, 2003, Respondent No.1 was suspected of involvement in the said crime by the police. He, on the basis of the investigation carried out for the said purpose charge-sheeted for commission of offence under Sections 302/364/34 of the Indian Penal Court by the Court. Although the first information report was lodged on 19th January, 2003, the respondent No.1 was arrested on 4th May, 2003. A charge sheet was filed on 22nd July, 2003 wherein it was recorded that calls for payment of ransom were being made from time to time and last of such call for payment of ransom was received on 11th March, 2003. In regard to the finding out of the dead body of Parakh Chadha DD No. 40 under Section 302/201 of the Indian Penal Code was separately registered.