REVATHI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The above writ petition is filed invoking the provisions of Article 226 of the Constitution of India and praying for the issuance of a writ of habeas corpus and direct the release of the petitioner from judicial custody forthwith as the detention of the petitioner is illegal. The illegality of the detention is on the premise that the very trial, by which the petitioner was convicted and sentenced to imprisonment for life, is one without jurisdiction as the petitioner was a minor on the relevant date, i.e., the date of commission of offence being 15.11.2003. The petitioner is seeking to place reliance on two documents viz. Annexure-C, a certificate issued by Periyasami Middle School Ammapettai (Pin code 638311), Bhavani Taluk, Erode District, situate in Tamilnadu and another document being Annexure-D to the writ petition and titled as record sheet pertaining to the year 18.6.1992 to 3.6.1996. Based on the entries in these two records the petitioner would canvass that the same demonstrate and prove the status of the petitioner as a minor on the relevant date and consequently divesting the Court of Sessions of its jurisdiction to try the petitioner who was a minor then.

(2.) It is contended by the petitioner's counsel that the petitioner is an orphan originally hailing from Tamilnadu and was brought to Bangalore in the latter part of 2003 to work as a house maid. It is the case of the petitioner that the petitioner was introduced to one Joseph Raj, a resident of Chennai through his neighbour's domestic help and that the petitioner worked in the house of the said Joseph Raj for about two months and thereafter, as the sister of the said Joseph Raj, who was residing in Bangalore, needed a domestic help to tender to their mother who had suffered a paralytic stroke, the said Joseph Raj accompanied the petitioner to Bangalore and left her in the custody of his sister and that during her stay he received a telephone call from his sister one day stating that the petitioner had committed a theft of Rs.150/- and had left the house without informing them.

(3.) Thereafter it appears that the petitioner who started working in the house of one Radha Srivatsa, a widow, had committed murder of the said Radha Srivatsa on 15.11.2003. That there were screams and shouts by the deceased which were heard by the neighbours and when the other residents called the deceased and knocked upon the door there was no response. Thereafter High Grounds Police Station was notified, who visited the apartment and broke open the door and found the deceased lying in a pool of blood. The accused (petitioner herein) had also sustained bleeding injuries on her stomach and hands and therefore, was taken to Mallige Nursing Home and admitted there. Later on 21.1.1.2003 the accused was arrested and produced before the Magistrate and the police obtained her custody for the purpose of interrogation. The Court also directed the age determination test to be carried out. It appears that the accused was also subjected to a Polygraph test and thereafter the charge sheet was laid against her. The accused is said to have engaged the services of one Smt.N.Varnashri to defend her in the trial. It is also contended by the petitioner that immediately after her arrest the Committal Court appears to have directed for age determination and verification test to be conducted on the accused in order to ascertain as to whether the accused was a minor or major. Accordingly, age verification test in Lady Bowring and Curzon Hospital was conducted which issued a report of examination dated 24.11.2003 and therein opined that the petitioner was between 18 to 20 years. Though the petitioner's counsel makes a passing reference to the test, no material is placed in support of the circumstances necessitating the test. The petitioner has produced the report dated 24.11.2003 which has been carried out in close proximity to the relevant date. The report reveals that the same is based on the physical, dental and radiological examination of the accused (petitioner herein) and categorically opines that the accused/petitioner is aged between 18 to 20 years. The petitioner also produces the wound certificate issued by Mallige Medical Centre where she was shifted to on the relevant date. The Committal Court on the basis of the age determination test was pleased to commit the accused to the Sessions Court for trial. The court of Sessions after a detailed trial, by its judgment and order dated 25.7.2005 was pleased to hold the accused (petitioner) guilty of the offences under Section 302 of Indian Penal Code and sentenced her to life imprisonment and to pay a fine of Rs.2,000/- and in default to undergo further imprisonment for a term of 6 months. The Court of Sessions further directed that the accused shall be given set off for the period of detention already undergone under the provisions of Section 428 of Cr.P.C.