The Appellant, inter alia, raised the defence before the High Court that he was aged less than 18 years at the time of companymission of the offence, i.e. 14.09.2000, and hence was entitled to the benefit of the provisions of the Juvenile Justice Care and Protection of Children Act, 2000 in short, the 2000 Act .
She too affirmed that the Transfer Certificate dated 12.12.2000 was bona fide, and issued under the signature of the then Principal.
Reason The brief facts leading to the instant appeal are that an FIR was lodged against the Appellant Raju s o Rajendar Singh, and two other persons, viz.
Signature Not Verified Digitally signed by VISHAL ANAND Date 2019.02.23 122353 IST 5/2001.
The High Court evidently did number even frame its discussion in terms of whether the evidence brought on record was sufficient to companyduct an inquiry under the 2000 Act and the 2007 Rules, let alone order and companyduct such an inquiry.
Aggrieved by the above judgment, the Appellant filed the instant appeal, inter alia raising the plea of juvenility again.
A certificate dated 07.12.2010 was also issued by the Principal of the Government Senior Secondary School Boys , Sohna, verifying that the student named Raj Kumar, son of Rajendar Singh, used to study at the school, and that the school records reflected his date of birth as 12.07.1984 and the name of his mother as Smt.
This Court received such report on 07.01.2013, which determined that the age of the Appellant was 16 years, 2 months and 2 days at the time of companymission of the offence and that he was thus a juvenile at that time.
Keeping in mind such circumstances and the certificates relied upon, this Court vide order dated 09.08.2012 directed the Registrar Judicial of this Court to companyduct an inquiry in respect of the age of the Appellant in terms of Section 7A of the 2000 Act read with the rules framed thereunder, and to submit a report to this Court within four months from the order.
However, subsequently, the State raised the argument that the Court had number looked into the question of whether the plea of juvenility as decided by the Registry of this Court should be given precedence over the view of the High Court.
The Registrar also verified the certificate by companyparing it with the office companyy of the same in the School Leaving Certificate Register produced before him.
Raju s o Bhim and Raja Raj Kumar s o Makhsi, alleging that the three persons had intercepted the prosecutrix when she was passing by some fields along with her oneyearold brother and had taken her to a field nearby, whereupon Raju s o Bhim and Raja Raj Kumar s o Makhsi engaged in the gangrape of the prosecutrix, while the Appellant stood outside the field.
The original Admission and Withdrawal Register of the school was also examined, which also recorded the Appellants date of birth as 12.07.1984, and stated that he was admitted in the school on 23.07.1992 and withdrew on 310.3.1996 after passing Class V. With respect to the Government Senior Secondary School Boys , Sohna, the learned Registrar also called for the school records, which were produced through Mrs. Nirmal Kalra, Teacher, under the instructions of the Principal of the school.
Thereafter, arguments were heard and judgement reserved.
With respect to the Dayanand Arya Middle School, Sohna, the learned Registrar examined Mr. Suresh Chand, Teacher, appearing under the directions of the School Headmaster, who companyfirmed that the Transfer Certificate dated 24.03.2012 was bona fide and issued under the signature of the then Principal.
The following details with respect to the Appellants period of study in the school were also affirmed by Mrs. Kalra on affidavit Admission Date of Date of Reasons for No.
The learned Registrar also duly companyroborated the companytents of these certificates by referring to other school records and also examined witnesses.
Aggrieved by the same, the three accused appealed to the High Court.
The High Court, however, rejected such companytention and affirmed the companyviction of the three accused, including the Appellant.
By an order dated 25.04.2014, this Court directed that the appeal be heard further.
The Appellant referred to the decisions of this Court in Murari Thakur v. State of Bihar, 2009 16 SCC 256, Dharambir v. State NCT of Delhi , 2010 5 SCC 344, and Jitendra Singh Babboo Singh v. State of U.P., 2010 13 SCC 523.
Sarla Devi.
She affirmed having companypared the entries in the certificate with the companyresponding entries in the relevant register of the school, companyies of which had been submitted to the learned Registrar.
Shri Siddhartha Dave was subsequently appointed as amicus curiae to assist the Court.
MOHAN M. SHANTANAGOUDAR, J. This appeal is directed against the final judgment and order dated 24.08.2011 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No.
1830SB of 2003, by which the High Court dismissed the appeal filed by the Appellant herein challenging the judgment of companyviction under Section 376 2 g of the Indian Penal Code IPC dated 08.11.2002 and order of sentence dated 11.11.2002 rendered by the Additional Sessions Judge, Gurgaon, in Sessions Case No.
