AJAY KUMAR Vs. STATE OF J AND K

JUDGEMENT

(1.) In terms of impugned judgment dated 30-12-2011 formulated by learned Principal Sessions Judge Jammu in File No. 07/Sessions titled State Vs. Ajay Kumar the appellant-Ajay Kumar stands convicted of offence under Sec. 302/392, RPC. By virtue of order of sentence dated 5-1-2012, the appellant Ajay Kumar has been sentenced to imprisonment for life and a fine of Rs. 10,000.00 under Sec. 302, Penal Code while he has been directed to suffer rigorous imprisonment for five years and a fine of Rs. 5,000.00 under Sec. 392, RPC. Sentence has also been imposed for default in payment of fine. Reference has also been made for confirmation of sentence of life imprisonment. The appellant has assailed the judgment of conviction and order of sentence through the medium of criminal appeal No. 05/2012 which is pending consideration before this Court.

(2.) CR.MA No. 15/2015 has been filed by the appellant to seek benefit of juvenility under the provisions of J. and K. Juvenile Justice (Care and Protection of Children) Act, 2013 (hereinafter referred to as JJ. Act) on the ground that on the date of commission of offence i.e. 30-8-1995, the appellant was 17 years and 7 months old as per his date of birth recorded as 1-1-1978 in the certificate issued by Headmaster, Government Boys High School Dharamsal (Kalakot). The motion is supported by the date of birth certificate relied upon by the appellant. Appellant has been permitted to place on record copy of school leaving certificate. Date of birth of appellant is reflected as 1-1-1978 in both certificates.

(3.) Respondent State has filed objections opposing the motion on the ground that the appellant has not raised the plea of juvenility before the trial Court during trial nor has pleaded the same as a ground in criminal appeal filed before this Court. It is further pleaded that the certificates produced by the appellant in support of his claim of juvenility cannot be relied upon. It is pleaded that the enquiry relating to juvenility has to be conducted on the basis of birth certificate issued by a Corporation/Municipal Committee/other notified authority or the matriculation or equivalent certificate or in absence of the aforesaid on the basis of findings recorded by a duly constituted medical board.