BALBIR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Two important questions have been raised, for determination, in this petition. The first question relates to the procedure to be followed when there is a dispute about the age of the accused to decide whether he is a juvenile or not, and the second related question is about the competency of the court to determine the age of the accused, for that purpose.

(2.) In brief, the facts of the case are that Crime No. 5/93 was registered at Police Station, Sadar-Fatehpur Shekhawati under Sections 147, 148, 149, 323 and 341, IPC, on the basis of 'Parcha-Bayan' of the injured Shishupal Singh, who was admitted in Government Dhanuka Hospital. The Station House Officer had reached at the hospital on getting information that one person by name Shishupal Singh was admitted there with profuse bleeding and it was a medico-legal case. In his statement, Shishupal Singh gave out that he and his brother Mangej Singh were assaulted with knife by the accused persons and Mangej Singh has died due to the injuries sustained by him. Further details of the incident were also given by him. After registration of the case, usual investigation was made by the police and a charge-sheet was submitted against four persons, including the petitioner. In the charge-sheet, the birth of the petitioner was shown of the year, 1974, meaning thereby that he was about 18 years of age at the time of occurrence. The accused were committed to the Court of Sessions Judge, Sikar by the concerned Magistrate, vide order dated 25-6-93. After commitment, the case was made over for trial to the Court of Additional Session Judge, by the learned Sessions Judge. Before the trial was commenced, an application was moved by the petitioner, stating therein that his date of birth was 20/06/1978 and, as such, he was 14 years eight months and 11 days old on the day of occurrence, i.e., 19-2-1993. He, therefore, prayed that his case be transferred to the Juvenile Court. Along with the application, he submitted a Transfer Certificate issued by the Head-Master, Government Secondary School, Fatehpur, wherein his date of birth was shown as 20/06/1978. He also filed his own affidavit in support of his age. Admittedly, no inquiry was made by the Additional Sessions Judge to determine his age. He declined prayer of the petitioner on the ground that in the medical certificate, his age was reported between 18-20 years on 1-3-1993. The said order of the Additional Sessions Judge is impugned in this petition under Section 482 Criminal Procedure Code, 1973 (hereinafter referred to as 'the Code').

(3.) Every child is nation's wealth. Article 39(f) of the Constitution provided "that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment". In good olden days, every home was the best 'child cure home', where a child used to get proper protection, education and care and lookafter. The atmosphere at homes, schools and in the society was conducive for over-all development of children and their character build up. Gradually, with the growth of population and industrialisation, the children are ignored every-where. On account of immature mind, lack of proper care, training and discipline, they easily become victim at the hands of evil elements of the society of today. Many of them, who are charged as criminals, are themselves victims of the circumstances prevailing in society. However, no society can now afford to ignore the neglected and delinquent juvenile as it may have a far-reaching effect on the society as a whole. Social mal-adjustment and economic constrains, which caused neglect of any delinquency in children - needed a justice system - exclusive for them, as justice-system available for adults was found unsuitable for juvenile.