STATE OF J&K Vs. SIRAJ-UD-DIN

JUDGEMENT

(1.) THE age of the accused can have material difference in the matter of trial of a criminal case. In case a boy has not attained the age of 16 years or a girl has not attained the age of 18 years then, the provisions of Jammu and Kashmir Juvenile Justice Act, 1997 (herein -after referred to as the Act) would be attracted. This Act would apply to a person who is covered by the definition of term 'juvenile' under Section 2(h) of the Act. For facility of reference this section is being reproduced below : -

(2.) WITH a view to determine as to whether a person is a juvenile or not, an enquiry has to be conducted in terms of Section 3 of the Act. The procedure which is required to be followed in the case a delinquent juvenile is indicated in Chapter IV of the Act. In the present case, offences have been committed under Section 121, 121A of the Penal Code read with Section 7/25 of the Arms Act. The offence is said to have been committed on 10th Sept' 98. A plea was taken respondent Siraj -ud -Din is a juvenile and he should be dealt with in accordance with the aforementioned provisions. It was this issue which was examined and gone into by the Additional Sessions Judge, Doda. He has recorded following findings: -

(3.) THE court below has come to the conclusion that the record maintained by the village Chwokidar cannot be relied upon. This conclusion was arrived at on account of the fact that the entry was not made by the village chowkidar himself. It was in this way, reliance was placed on the school records. In doing so, the provisions of Jammu and Kashmir Financial Code Volume I, and Jammu and Kashmir Civil Service Regulations were taken note of. The aforementioned provisions deal with a situation where someone seeks service with the State and the question arises as to whether school certificates are to be relied upon or not. Taking note of these rules, the court below, as indicated above, has come to the conclusion that the school record can be given preference.