SHAEEM Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) IN the present appeal, by making a separate application, the Appellant for the first time raised a contention that he was a juvenile at the time when the incident complained of in the charge -sheet took place. As obliged in the terms of the provisions contained in the Juvenile Justice (Care and Protection of Children) Act, 2000 as interpreted by the Hon'ble Supreme Court in the case of Dharambir Singh v. State (NCT of Delhi) and Anr. reported in : 2010 (5) SCC 344, we directed the Registrar of this Court to enquire, whether the Appellant was juvenile at the time when the incident occurred. The Registrar has submitted his report and in that he has indicated, for the reasons recorded therein supported by evidence collected in course of enquiry, that the Appellant was juvenile at the time when the incident occurred. On the last occasion, after we perused report, we supplied a copy thereof to the State in order to enable the State to take appropriate action thereon. The State has not filed any affidavit taking exception to the report. In the circumstances, the State is not now disputing that the Appellant was juvenile at the time when the incident took place. That being the situation, we allow the appeal, set aside the conviction of the Appellant and direct the State to take the matter pertaining to the allegations against the Appellant before the Juvenile Justice Board as quickly as possible but not later than three months from today, with request to the Juvenile Justice Board to deal with the same in accordance with law as early as possible.