Claim of juvenility raised before the supreme court – for the first time – appeal allowed.
Excerpt from : Kamlendra Singh Alias Pappu Singh Vs. State of M.P.’] [Dated: March 15, 2013] [Court: Supreme]
Para 5. the appellant was a juvenile on the date of the incident i.e. 27.8.1993, though the claim of juvenility was not raised either before the trial Court or the High Court. In order to establish the date of birth of the accused, the High School Board Mark-sheet /Certificate and a copy of the admission register were produced before this Court. Those documents would indicate that on the date of the incident, the date of birth of the accused is 25.2.1977. If that be so, the age of the accused on the date of the incident was 16 years 6 months and 2 days.
HELD: We have extensively examined the provisions of the Juvenile of Justice (Care and Protection of Children) Act, 2000 in Ashwani Kumar Saxena. Vs. The State of Madhya Pradesh(2012) 9 SCC 750 and we are of the view that the principle laid down in the above judgment squarely applies to the facts of the present case. Under such circumstances, we are inclined to set aside the sentence awarded by the trial Court, confirmed by the High Court and the case records are directed to be placed before the concerned Juvenile Justice Board for awarding the appropriate sentence. Ordered accordingly.