JAGADISH BHUYAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) this petition, two questions have been raised -

(2.) Paresh Kalita was apprehended by the members of the Border Security Force and he was made over to the civil police of Udalguri Police Station on 6-11-91. The civil police arrested Paresh Kalita on accusation of having committed offences under Sections 3 and 4 of Terrorist and Disruptive Activities (Prevention) Act, 1987 (for short 'TADA(P) Act), Section 120-B of the Indian Penal Code etc., under Udalguri Police Station Case No. 126 of 1991. Paresh is still in jail.

(3.) Section 2(h) of the Juvenile Justice Act, 1986 defines "juvenile" to mean a boy who has not attained the age of sixteen years or a girl who has not attained the age of eighteen years. Paresh is a boy. Considering his birth certificate issued by the Municipality, the College Certificate showing his date of birth and opinion of the Board of Doctors, we hold that at the time of occurrence or at the time of arrest Paresh did not complete 16 years of age. Therefore, Paresh , was a juvenile delinquent under the Juvenile Justice Act, 1986.