WAIZ-UL-ISLAM Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) This appeal arises out of the order dtd. 12/3/2022 passed by the court of 3rd Additional Sessions Judge, Jammu [Special Judge under sec. 11 of the National Investigation Agency(NIA) Act] (hereinafter to be referred as the trial court) by virtue of which the claim of juvenility raised by the appellant has been rejected by the trial court.

(2.) In the present appeal, the order impugned has been assailed on the grounds that the appellant was minor when he allegedly placed the order for purchase of the Aluminium powder from the Amazon twice in the month of January, 2019, whereas the date of birth of the appellant is 25/1/2001 and secondly that, there is no evidence that the appellant was part of the conspiracy that led to the killing of 40 Central Reserve Police Force (CRPF) personnel on 14/2/2019 in a Vehicle Borne Improvised Explosive Device(VBIED) attack at Lethpora, Pulwama.

(3.) Though objections were not required, yet the respondent has filed the same, in which it has been stated that the learned trail court has rightly declared that the appellant is not juvenile because the appellant had purchased the Aluminium powder on two different occasions from Amazon for its delivery to the other accused persons for making two IEDs which were used for VBIED attack on 14/2/2019. Besides that, the allegations against the appellant in the charge-sheet have also been reproduced in the objections.