SUNIL KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner was an accused in FIR No. 233 dated 17.5.1990 registered under Sections 376, 366 and 201 I.P.C. at P.S. Sadar, Hisar. He was accused of committing rape on the prosecutrix on 16.5.1990. Petitioner was sent to face trial for the aforesaid offence and was convicted to under go R.I. for 7 years under Section 376 I.P.C. and 4 years under Section 366 I.P.C. vide judgment dated 26.2.1992 by the learned Addl. Sessions Judge-III, Hisar. A Criminal Appeal No. 102-SB of 1992 filed before the High Court remained unsuccessful having been dismissed vide judgment dated 1.7.2005. During the pendency of the criminal appeal before this Court, the petitioner made an application being Crl. Misc. No. 38333 of 2004 pleading that he was juvenile at the time of commission of offence. It is stated that the High Court disposed of the appeal without considering the question of juvenility of the petitioner. On dismissal of his appeal by the High Court, petitioner preferred Special Leave Petition being S.L.P. (Criminal) No. 4448 of 2005 before the Hon'ble Apex Court. The Criminal Appeal also came to be dismissed vide order dated 5.9.2005. Being not satisfied, the petitioner preferred a review petition before the Hon'ble Supreme Court which came to upon provisions of Sections 7-A and 20 of the Act which are reproduced hereunder :-

(2.) Sub-Section (1) of the Section 7-A provides for an inquiry to determine the juvenility of the accused on the date of commission of the offence as and when any such question is raised before the Court or the Court is of the opinion that the accused person was juvenile on the date of commission of offence. Proviso to sub-Section 1 further empowers the Court to recognize the factum of juvenility at any stage, even after final disposal of the case and to determine such claim in accordance with the provisions of the Act and the Rules even if the juvenile ceased to be so on or before the commencement of the act. This Act came into force on the date of its publication in the Central Govt. Gazette i.e. 1.4.2001 vide S.O. 177 (E). Section 20 of the Act further applies the provisions of this Act even on pending cases. Thus, from the conjoint reading of proviso to Section 7-A and Section 20, it can be conveniently gathered that the provisions of this Act will be attracted even if, the commission of offence had taken place prior to the operation of this Act.

(3.) It is also not in dispute that the juvenility of the accused can be determined even after the final disposal of the case. Thus, the competent Court has the jurisdiction to determine the juvenility of the petitioner irrespective of upholding the conviction by the Hon'ble Apex Court. From the persual of the prayer made in this petition, it appears that the petitioner is seeking a direction to the Govt. to determine his juvenility by holding an inquiry and then to pass an appropriate order in regard to his conviction for the criminal offence for which he has been sentenced and convicted finally.