ABDUL MAJEED Vs. STATE OF KERALA PUBLIC PROSECUTOR

JUDGEMENT

(1.) What is the scope and applicability of Juvenile Justice (Care and Protection of Children) Acts of 2000 and 2015, in revision, upon the conviction and sentence of a 49 year old person in respect of an offence committed by him in the year 1991, at the age of 17 years, when the Juvenile Justice Act, 1986 was in force? This exactly is the riddle to be resolved in this revision proceedings.

(2.) Desirous of getting a job at Saudi Arabia, Master Abdul Majeed, aged 17 years, manipulated the certified copy of the relevant page of his admission register, issued from the school, to make it appear that his date of birth is 5/4/1970 instead of 5/4/1974, since the emigration rules of Saudi Arabia permitted employment of persons aged 21 years and above only at that time. Making use of the above manipulated document, he applied for passport on 24/7/1991, resulting in the consequence of getting entangled by the long arms of law. On the basis of a complaint preferred by the Passport Officer concerned on 3/6/1993, the criminal law was set in motion by the Police; and the above adolescent who is now the revision petitioner herein, along with another person who helped him in processing the passport application, was booked for the commission of offence under Ss. 468 and 471 I.P.C and Sec. 12(1)(b) of Passport Act, 1967. After the completion of the investigation, the Sub Inspector of Police, Kozhikode Town Police Station laid the final report before the Judicial First Class Magistrate Court-I, Kozhikode in respect of the aforesaid offences alleged to have been committed by the petitioner and another person by name V.P.Athnal, who were arrayed as accused Nos.1 and 2 respectively.

(3.) The trial commenced before the learned Magistrate on 5/1/2000 as against the petitioner alone since the 2nd accused went absconding. The case was vigorously prosecuted with the examination of 17 witnesses as PW1 to PW17 and marking 20 documents as Ext.P1 to P20 from the part of the prosecution. The accused was given opportunity for defence evidence after recording his statement under Sec. 313 Cr.P.C, but he did not adduce any evidence. As per the judgment dtd. 6/12/2003, the learned Magistrate convicted the petitioner for the commission of offence under Ss. 468 and 471 I.P.C and Sec. 12(1)(b) of the Passport Act, 1967. He was awarded a sentence of rigorous imprisonment for three years and fine Rs.5,000.00 under Sec. 468 I.P.C, rigorous imprisonment for three years and fine Rs.5,000.00 under Sec. 471 I.P.C and rigorous imprisonment for two years and fine Rs.10,000.00 under Sec. 12(1)(b) of Passport Act, 1967.