SURJEET SINGH Vs. STATE

JUDGEMENT

(1.) THE appellant Surjeet Singh has claimed juvenility. It is stated that he was below 18 years of age on the date of commission of the offence i.e. 17.09.1996. His date of birth as recorded in the school certificate is 14.11.1980.

(2.) I have heard the learned Additional Public Prosecutor and the counsel for the appellant. The appellant was convicted for committing offence punishable under Section 376(g)/34 IPC and sentenced to undergo RI for ten years with fine Rs.5,000.00 by judgment dated 15.11.2000. He has challenged the conviction. Substantive sentence of the appellant was suspended vide order dated 29.04.2002.

(3.) SINCE the earlier inquiry was conducted before coming into force of Section 7A of the Act and Rule 12 of the Juvenile Justice (Care and Protection of Children) Rules, 2007, a fresh inquiry for determination of age of the appellant is required to be conducted to ascertain his age on the date of alleged commission of the offence. Accordingly, Trial Court is requested to conduct inquiry under Section 7A of the Act read with Rule 12 of Juvenile Justice (Care and Protection of Children) Rules, 2007 for determination of the age of the appellant and submit its report preferably within two months.