RAVI Vs. STATE OF KERALA

JUDGEMENT

(1.) Can a Court reject the claim of juvenility raised by accused on the ground that it was raised only at the fag end of the trial and hence, not bona fide Does burden of proving juvenility lie on the accused What is the procedure to be adopted, if accused makes a claim during trial before a Court that he was a juvenile on the date of commission of offence These are the main questions arising for consideration in this appeal. The appellant was convicted and sentenced by Additional Sessions Court for offence under Section 302 of Indian Penal Code ('IPC, for short) to undergo imprisonment for life and to pay a fine of Rs. 50,000/- and in default to undergo rigorous imprisonment for six months. The fine, if realised, was ordered to be given to the victim's widow under Section 357(3) of Code of Criminal Procedure ('the Code' for short). The said conviction and sentence are challenged in this appeal.

(2.) According to prosecution, on 10.04.2003 at about 7.15 p.m., accused committed murder of deceased Manja by beating him with a wooden log, with intention to cause his death. The incident happened in a Colony. The deceased was rushed to the hospital but, he died on the same night, as a result of the severity of the injuries sustained.

(3.) The accused took up a plea at the stage of defence evidence, that he was a juvenile at the time of occurrence. He examined DW1, his mother to prove the claim. She deposed that accused was aged only 14 years, at the time of occurrence. The trial court on consideration of the evidence held as follows: