MANOJ Vs. STATE

JUDGEMENT

(1.) What should the Court do when the accused claims tobe a Juvenile and the other side challenges the same? This, in short, is the question.Now, the facts.

(2.) Manoj Kumar is accused of having committed offences under Sections 302,307,120-B read with Section 34 of the Indian Penal Code. He moved an applicationthat he being below sixteen years of age at the time of the alleged commission ofoffence, the provisions of the Juvenile Justice Act, 1986 were attracted. The learnedtrial Judge looked into the application and so also at the petitioner and rejected theprayer holding that he appeared to be above the prescribed age. Thus the fate of theapplication was sealed by what was a mere visual examination.

(3.) Should a Judge, in a matter like this straighten his stooping shoulders, lifthis head hurried otherwise deep into the mouth-eaten files, adjust his heavy framedlooking glasses and peeping through them with his tired eyes adjudge, andproclaim the age of an accused?