BRIJ BHUSHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These criminal appeals are directed against the judgement dtd. 26/8/1987 passed by learned Additional Sessions Judge, Karauli (Rajasthan) (for brevity-Rs.the learned Trial Court') in Sessions Case No. 8/1986 whereby, while convicting the accused-appellants (for short 'the appellants') under Sec. 376 IPC, they have been sentenced as under :-

(2.) The relevant facts in brief are that a written report (Ex.P4) dtd. 28/1/1985 was lodged by the complainant Merry Zaikab, an Auxiliary Nurse and Midwife, with the Police Station, Masalpur stating therein that on that very day at about 9.30 am when she was going to Siloti Village, she was subjected to rape by the appellants whereupon, an FIR (Ex.P5) came to be lodged under Sec. 376 IPC. After investigation, the police filed charge sheet against the appellants under the aforesaid provision. The learned Trial Court framed charge under Sec. 376 IPC against the appellants and after trial, convicted and sentenced them as stated hereinabove.

(3.) During pendency of the instant appeals, the appellants filed interim applications under Sec. 7-A of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for brevity 'the Act of 2000') stating therein that as per the school record, their date of birth is 12/7/1967 and 5/7/1967 respectively and the incident being of 28/1/1985, they were below 18 years of age on that day and were, therefore, juvenile. It was, therefore, prayed that the learned Trial Court be directed to conduct an enquiry as to their juvenility on the date of incident. The learned Public Prosecutor did not oppose the prayer. In view of the settled legal principle that juvenility of an accused has to be adjudicated upon as and when pleaded at any stage of case, the applications filed under Sec. 7A of the act of 2000 were allowed by this Court vide order dtd. 17/1/2023 and the learned Trial Court was directed to make an enquiry to determine the age of the appellants on the date of incident.