MOHD RASHID Vs. STATE OF J&K

JUDGEMENT

(1.) Appellant is alleged to have kidnapped a minor daughter of PW Abdul Rehman from his rented accommodation at Rani Talab, Jammu, raped her and committed her murder on 28.08.2005. In this regard crime No. 144/2005 was registered with Police Station, Pacca Danga, Jammu. Appellant was charge-sheeted and tried for commission of offences punishable under sections 363, 376 and 302 RPC. Learned trial court vide judgment dated 13.03.2014 found the appellant guilty and convicted him under aforementioned sections and vide order dated 27.03.2014 sentenced him to death in proof of offence under section 302 RPC, rigorous imprisonment for life and to pay fine of Rs. 10,000/ in proof of offence under section 376 and to rigorous imprisonment for seven years and to pay fine of Rs. 2,000/ in proof of offence under section 363 RPC.

(2.) Appellant is in appeal against his conviction and sentence. One of the grounds on which conviction and sentence have been questioned is the juvenility of the appellant. It is contended that date of birth of the appellant is 15.01.1991, his age as at the time of alleged occurrence, that is, 28.08.2005 was just over 14, he was a juvenile and entitled to benefit of juvenility under the Jammu and Kashmir Juvenile Justice Act, 1997 (for short, the Act of 1997) and the rules framed thereunder. It is contended that the plea of juvenility was raised on behalf of the appellant before the trial court but the learned court committed error by not declaring him a juvenile and giving him benefit of juvenility under the Act of 1997 and therefore, entire trial is vitiated.

(3.) When this case came up for hearing on 15.05.2015, this Court was of the view that the ground of juvenility if accepted is likely to set aside the trial court judgment. We have therefore, heard Mr. P.N. Raina, learned Senior Advocate appearing for the appellant and Ms. Seema Shekhar, learned Senior AAG appearing for the State on limited question of juvenility without touching merits of the case. We have perused the record.