JITUNA @ JYOTIPRAKASH SAHOO Vs. STATE OF ODISHA

JUDGEMENT

(1.) This is an appeal under Sec. 374 of the Crimial P.C. filed by the convicts (appellants) assailing the judgment and order of conviction and sentence dated 29.03.2005 passed by learned Additional Sessions Judge, Fast Track Court-2, Cuttack in Sessions Trial No.397 of 2005.

(2.) Occasion to consider this appeal in respect of the appellant No.1, namely, Jituna @ Jyotiprakash Sahoo arose, when an application in Misc. Case No.529 of 2015 was filed by appellant No.1, namely, Jituna @ Jyotiprakash Sahoo contending, inter alia, that appellant No.1 was born on 10.06.1985. The incident, in which the appellants along with others were convicted, took place 28.11.2002. As such, on the date of alleged occurrence, the appellant No.1 was only seventeen years five months and eighteen days old. Hence, he was a 'juvenile' within the meaning of Sec. 2(k) of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short, 'JJ Act'). In support of proof of his age, appellant No.1 filed the transfer certificate issued by Kamalakanta Bidyapitha at Kaliaboda, Cuttack, along with the petition (Annexure-1). The appellant No.1 who had appeared in High School Certificate Examination, 2001 having Roll No.52RG054 was provided with Memorandum of marks issued by Board of Secondary Education, Odisha, indicated that his date of birth was 10th June, 1985, a copy of which was also annexed to the said petition as Annexure-2. Thus, it was contended that an enquiry in respect of appellant No.1 should be concluded in terms of the provisions of Rule 12 (3)(a)(i) of the Juvenile Justice (Care and Protection of Children) Rules, 2007 (for short, 'JJ Rules'). Inadvertently, the claim of juvenility could not be raised either before the learned trial Court or at any time before this Court, earlier. Thus, in view of the provisions under Sec. 7-A(1) of the JJ Act, the petitioner- appellant No.1 prayed for consideration of his case to declare his status as 'juvenile' under the provisions of the JJ Act and Rules.

(3.) Taking into consideration the submissions of learned counsel for the parties, this Court, vide order No.33 dated 11.07.2017 passed in Misc. Case No.529 of 2015, directed as under: