EZAZ Vs. THE STATE

JUDGEMENT

(1.) Learned High Court Government Pleader takes notice for respondent-State.

(2.) Sri Shaikh Saoud, learned Counsel for the petitioner submits that as brought out by the prosecution during the trial, petitioner was aged 17 years, 10 months and 2 days on the date of offence. He is a juvenile under the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short 'Act') as contemplated under the definition clauses (k) and (1) of Section 2. The petitioner was bom on 17-7-1978 as per Annexure-D, which was marked as Ex. P. 22-School Certificate, during the trial. The Juvenile Justice Board vide order dated 25-8-2015, on examination of the documents, addressed a letter to the DIG of Central Prison, that as on the date of the offence, he was aged 17 years, 10 months.

(3.) Learned HCGP though does not dispute the position of law laid down on the Apex Court in the judgment cited submits that there shall be an enquiry to assess age of the accused as on the date of offence as per Rule 98. Schedule I of the Juvenile Justice (Care and Protection of Children) Rules, 2007.