THIMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) By judgment and order dated 07.12.2007 this criminal appeal along with other connected appeals namely, Criminal Appeal Nos. 1130/2003, 1131/03, 1132/03 and 1133/03 were disposed of by confirming the conviction recorded by the trial Court on 22.3.2003, but by reducing the sentence of fine from Rs. 35,000/- to Rs. 5,000/-. The said judgment and order has attained finality. Now, an application has been filed under Section 7A of the Juvenile Justice (Care and Protection of Children) Act, 2000, (hereinafter referred to as "the Act") by raising the question of juvenility of the appellant as on the date of the commission of the offence and therefore, a prayer is sought for holding an enquiry, and for the application being disposed in accordance with law.

(2.) According to the appellant/accused, the offence said to have been committed by him was on the night of 22/23.04.1998. He was arrested on 9.10.1999. As on the date of commission of the offence, as also on the date of his arrest, the appellant claims to be a juvenile below sixteen years of age, as his date of birth is 16.8.1983. According to him, the issue regarding his juvenility was not considered before the trial Court or before this Court during the pendency of the appeal as he was unable to engage an Advocate, and was defended before both the Courts by an Advocate provided by the Legal Services Authority. That he had no opportunity to instruct his Counsel regarding his age and hence before both the Courts the issue of his juvenility as on the date of the commission of the offence was not considered. The appellant has averred that in support of his date of birth being 16.8.1983, admission register of the school could be considered. He has stated that he is a native of Kurubarahalli Village, Kolar Taluk and District. He was admitted to Government Lower Primary School at the said village and at the time of his admission, his date of birth was recorded in the admission register of the said school as 16.8.1983 which is his real date of birth. Thus, on the date of the commission of offence i.e., on 22/23.4.1998, he was only fourteen years, eight months and seven days and was below sixteen years of age and was a juvenile. As per the provisions of the Act, he should have been dealt with and tried by the Juvenile Justice Board, but the trial was conducted by the IV Additional City Civil and Sessions Judge, Mayohall, Bengaluru, in S.C. No. 500/2000, which did not have jurisdiction to try him for the offences said to have been committed under Section 302 of the IPC and sentenced him under that Section read with Section 149 of the IPC. He was sentenced to undergo rigorous imprisonment (R.I.) for life and to pay a fine of Rs. 35,000/- and in default of payment of fine to undergo R.I. for seven months. It is further averred appellant was arrested, he was a young boy of about fifteen years and had no parents and was working as a coolie.

(3.) It is further averred by the appellant that he could not have been tried along with the other offenders in S.C. No. 500/2000, but had to be dealt with by the Juvenile Justice Board. In the circumstances, he has filed an application under Section 7A of the Act, seeking consideration of his claim of juvenility and for modification of the judgment dated 7.12.2007.