RAJU Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Appellant Raju is in jail. The instant criminal appeal has been preferred by the appellant against the judgment and order dated 08/10/6/2015 passed by the FTC/Additional Sessions Judge / Special Judge (POCSO), Rudrapur, District Udham Singh Nagar in Special Sessions Trial No.122 of 2014, whereby the appellant has been convicted and sentenced to undergo rigorous imprisonment for 12 years with a fine of Rs.50,000.00, and in default of payment of fine, to undergo simple imprisonment for a further period of six months under Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (in short 'POCSO Act'); and to undergo rigorous imprisonment for 03 years with a fine of Rs.10,000.00 and in default of payment of fine, to undergo simple imprisonment for a further period of three months under Sec. 363 IPC.

(2.) The appellant is being defended by learned Amicus Curiae. An application No.1483 of 2019 is received from the appellant through jail stating therein that his date of birth is 5/6/1998 and, on the date of incident, he was 16 years 2 months 13 days old, therefore, the matter may be reconsidered and brought to the notice of the Juvenile Justice Board concerned.

(3.) Learned Amicus Curiae for the appellant would submit that an inquiry in terms of Sec. 7A of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as 'the Act, 2000') has to be made so as to determine the age of the appellant. The issue of juvenility may be considered at any stage, therefore, it is argued that either the matter may be sent to the concerned District Judge or Registrar (Judicial) of this Court for inquiry in order to ascertain the age of the appellant.