FAEEM Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The present petition is filed under Section 482 of Cr.P.C. on behalf of petitioner for setting aside the impuged order dated 14.01.2019 passed in SC No. 487/17 and as a consequence thereof transferring the case of the petitioner to the Juvenile Justice Board.

(2.) As stated in the present petition that the Ld. Trial Court at the time of taking cognizance of the alleged offence against the present petitioner was prima facie of the view that the petitioner's age has to be ascertained as from the face of records brought by the prosecution, his bone ossification test can be of significance to ascertain his age and accordingly, the Ld. Trial Court vide order dated 12.05.2017 directed the medical board to get the ossification test conducted of the petitioner.

(3.) It is further stated in the present petition that the factum of the juvenility of the Petitioner at the time of alleged incident becomes evident from the report of Ossification Test dated 27.05.2017, giving a benefit of 2 years from the lower side as per JJB Act and rules read with several pronouncements of the superior courts. The ossification test report reveals the petitioner to be a Juvenile, thereby bringing forth the patent illegality in keeping the petitioner behind bars in gross violation of the Juvenile Justice Act and accordingly, an application was preferred before the Trial Court, by the petitioner, for transferring the case of the petitioner to the Juvenile Justice Board.