ANIL Vs. STATE GOVT OF NCT DELHI

JUDGEMENT

(1.) ON 06. 05. 2009 when the appellants application for suspension of sentence and grant of bail (Crl. M. B. 227/2009) came up for hearing, the learned counsel appearing on behalf of the appellant submitted that as per her instructions the appellant was only 19 years of age on that date. In this case, since the date of the offence was 11. 06. 2004, the learned counsel contended that the appellant would have been around 14 years old at that point of time. The learned counsel, however, submitted that there was no birth certificate or school certificate to substantiate the plea with regard to the appellant being a juvenile as understood under the Juvenile Justice (Care and protection of Children) Act, 2000. Consequently, an oral prayer was made that an ossification test be conducted for the determination of his age.

(2.) SECTION 6 of the Juvenile Justice (Care and Protection of children) Act, 2000 (hereinafter referred to as the said Act) clearly stipulates that the powers conferred on the Juvenile Justice Board under the said Act, may also be exercised by the High Court and the Court of session when the proceeding comes before them in appeal, revision or otherwise. Consequently, this Court accepted the oral prayer made by the learned counsel for the appellant and directed the Superintendent of the concerned jail to present the appellant before the Medical superintendent of All India Institute of Medical Sciences for the purposes of conducting the ossification test.

(3.) THEREAFTER, the Medical Superintendent, AIIMS constituted a medical Board comprising of the following members:-