K.A. VARGESE @ BABU Vs. STATE

JUDGEMENT

(1.) HEARD the learned counsel for appellant and learned HCGP for State. In this appeal against judgment of conviction, appellant -accused (hereinafter referred to as 'accused') convicted for an offence punishable under section 304 II IPC has raised a plea that he was a juvenile as on the date of offence viz 26.01.2004. The accused has produced a photostat copy of School Admission Register Extract issued by the Head Master, Government Higher Primary School at Gubbige Sutta Post Narasimharajapura Taluk, Chikmagalur District to contend that he was born on 25.04.1987 and as on the date of alleged offence viz 26.01.2004, accused was less than 18 years of age.

(2.) ON 13.12.2012, this court directed the Principal District & Sessions Judge at Chikmagalur to secure the presence of accused to hold an inquiry by adopting procedure laid down in Rule 12 and submit a report.

(3.) IT is noticed from report that learned Principal District & Sessions Judge at Chikmagalur has not held an inquiry in terms of section 7A of the Act and also by adopting the procedure in terms of Rule 12. The Photostat copy of school admission register extract relied upon by Principal District & Sessions Judge at Chikmagalur discloses date of birth of accused as 25.04.1987. The Birth Certificate issued by the Chief Registrar of Births and Deaths shows that accused was born on 15.03.1987.