LAKHI RAM @ KACHA Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) The Appeal is directed against a judgment dated 03.05.2010 and order on sentence of even date whereby the Appellant was convicted for the offences punishable under Sections 367/377 of the Indian Penal Code (IPC) and under Section 25 of Arms Act. He was sentenced to undergo rigorous imprisonment for three years and to pay fine of Rs. 1,000/- or in default to undergo simple imprisonment for one month for the offence punishable under Section 367 IPC. He was sentenced to undergo rigorous imprisonment for ten years and to pay fine of Rs. 1,000/- or in default to undergo simple imprisonment for one month for the offence punishable under Section 377 IPC. He was further sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs. 1,000/- or in default to undergo simple imprisonment for one month for the offence punishable under Section 25 Arms Act.

(2.) At the time of hearing the Appeal on 19.07.2011, the learned counsel for the Appellant raised the issue of juvenility and submitted that the Appellant was less than 18 years on the date of commission of offence, that is, 09.01.2008. Since no documentary evidence with regard to the Appellant's age as required under Rule 12 (3) (a) of the Juvenile Justice (Care and Protection of Children) Rules, 2007 (Rules of 2007) was available, this Court directed an ossification test to be done and to obtain medical evidence as required under Rule 12(3) (b) of the Rules of 2007.

(3.) A medical report dated 27.07.2011 was received declaring the age of the Appellant to be between 20 years and less than 22 years on the date of examination, that is, 27.07.2011. Thus, on the date of commission of the offence, the Appellant's age was more than 161/2 years and less than 181/2 years. Thus, on the basis of the medical evidence considering the age as given on the lower side, the Appellant may be said to be more than 161/2 years. In the absence of any definite evidence that he was more than 18 years on the date of the offence, he has to be considered a juvenile on the date of commission of the offence, that is, 09.01.2008.