TULSI KAPARDAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant application is directed against the judgment dated 20th May, 2013 passed by the learned Sessions Judge, Bokaro in Criminal Appeal No. 226 of 2012, whereby the appeal preferred by the petitioner has been dismissed and the judgment of conviction and order of sentence, both dated 5th October, 2012 passed by the learned Judicial Magistrate 1st Class, Bokaro in G.R. Case No. 431 of 2001 corresponding to T.R. No. 213 of 2012, whereby the petitioner has been convicted for the offence under Sections 448 and 354 of the I.P.C. and was directed to undergo R.I. for one year for the offence under Section 354 of the I.P.C. and further directed to undergo S.I. for six months for the offence under Section 448 of the I.P.C. and the sentences were run concurrently, has been affirmed.

(2.) During pendency of the instant revision application, an interlocutory application has been filed under Section 7 (A) of Juvenile Justice (Care and Protection of Children) Act, 2000 (herein referred to as the Act) stating therein that at the time of occurrence the petitioner was a juvenile.

(3.) Learned counsel for the petitioner submits that the petitioner is an illiterate person and he has taken birth in village, therefore he is not having a 'Birth Certificate'. He further submits that the date of birth mentioned in the voter card as on 01.01.2007, he was 21 years old which would be evident from Voter Identity Card. The said Voter Identity Card has been annexed as Annexure-A to the interlocutory application. He further submits that calculating his date of birth from the Voter Identity Card, the age of the petitioner at the time of occurrence was only 15 years. Relying upon the Voter Identity Card the petitioner prayed that the age of the petitioner may be directed to be assessed by the competent authority. He further submits that though this plea has been taken for the first time before this Court, but the question of law can be raised at any stage.