RANJEET KUMAR JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Having heard Shri G.P. Jaiswal, learned Senior Counsel, amicus curiae, at our request in support of the appeal and Shri Ashwani Kumar Sinha, learned Additional Public Prosecutor, we propose to dispose of this appeal at this stage itself.

(2.) For the reasons in detail recorded in our order dated 04.08.2011 briefly stated when the appeal was listed before us for consideration of the handwritten application sent by the appellant praying for bail stating that though he was literate he was unable to engage any counsel being poor and his earlier bail applications to this Court had already been rejected several times, we found to our shock and dismay that the trial Court in its judgment under appeal had found the appellant to be about 28 years of age which would have made him about 16 years at the time when the alleged occurrence took place for which he was sentenced to life imprisonment. We became curious and anxious in this regard. What shocked us more was that the appellant had raised the plea of juvenility in the trial Court itself and even though the trial Court found the appellant to be 16 years 5 months and 27 days old on the date of occurrence, that is, 09.08.1996, it rejected the claim and proceeded to deliver judgment ignoring the evidence on record as if the plea was never raised. The result was that though the appellant was undisputedly a juvenile in conflict with law by the judgment under appeal dated 28.06.2008, he was sentenced to life imprisonment for an offence under Sections 302 and 201 of the Indian Penal Code. Noticing this and the fact that the appellant himself had written to this Court that he is not in a position to engage a Lawyer to defend him, on our request Shri G.P. Jaiswal, learned Senior Counsel agreed to assist the Court and after hearing the learned Senior Counsel and the Additional Public Prosecutor and examining the records we reserved the case for order and are now disposing the appeal itself. Saharsa P.S. Case No.360 of 1996 (G.R. Case No.953 of 1996) was registered for offences under Sections-302 & 201 of the Indian Penal Code as against the appellant charging the appellant of committing murder and causing the disappearance of the dead body of the deceased on 09.08.1996. After submission of chargesheet and committal of the case to the Court of Sessions, Sessions Trial No. 68 of 1997 was registered in the Court of Additional District Judge, F.T.C.-II, Saharsa. It appears from the records that the appellant was also facing another prosecution arising out of Bangwan P.S. Case No.57 of 1996 (G.R. Case No.647 of 1996) for, allegedly, committing another murder on 05.06.1996, for which Sessions Trial No.210 of 2003 was pending before the Sessions Judge, Saharsa.

(3.) It appears that in course of the proceedings of this second Sessions Trial No.210 of 2003, as before the Sessions Judge, Saharsa, a plea was raised on behalf of this appellant on the basis of his matriculation certificate as granted by the Bihar School Examination Board noting his date of birth to be 12.02.1980, that the appellant was juvenile. Apparently, the learned Sessions Judge, being prima facie satisfied, referred the matter to the Juvenile Justice Board, Saharsa to enquire into the matter. It constituted a Medical Board and considered its report as well as the matriculation certificate. It noted as a consequence of its enquiry that the date of birth of the appellant was 12.02.1980 and, as such, on the date of occurrence of this second case, that is, on 05.06.1996 he was much less than 18 years of age and, thus, declared him juvenile under the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as Juvenile Justice Act of 2000). He, accordingly, sent his report to the Sessions Judge. The order of Juvenile Justice Board, Saharsa is dated 30.05.2006 and it was duly exhibited in the present case before the trial Court and marked as Ext. C.