The Punjab and Haryana High Court has allowed an appeal filed by a person convicted in 2001 for the offences of kidnapping and rape, after concluding that he was a juvenile on the date of the alleged offence in 1999. The Division Bench, presided over by Justice Subhash Mehla, examined the material placed on record and found that the enquiry report submitted by the District Legal Services Authority supported the claim of juvenility.
The court noted that the appellant had been sentenced to imprisonment following a trial court conviction. The conviction was based on the prosecution’s case that the offence occurred in 1999. At the time of sentencing, the appellant was treated as an adult under the Indian Penal Code. However, subsequent to the conviction, the appellant raised a plea seeking the benefit of the Juvenile Justice (Care and Protection of Children) Act, 2000, contending that his age on the date of the offence fell within the definition of a juvenile.
In its reasoning, the Bench referred to the enquiry report which included school records, birth certificate extracts and statements from family members. The report indicated that the appellant’s date of birth placed him below eighteen years of age on the date of the offence. The Bench observed that there was no material contradiction to the findings of the enquiry report and that the prosecution did not produce any credible evidence to rebut the claim of juvenility.
Justice Mehla stated that he “finds no reason to disbelieve the enquiry report submitted by learned District Legal Services Authority”. The Bench emphasized that in cases where the age of the accused is disputed, the benefit of doubt must be given to the accused if the evidence points towards juvenility. The court further noted that the principle of reformation and rehabilitation, which underlies juvenile justice jurisprudence, requires that a person found to be a juvenile be dealt with under the provisions of the Juvenile Justice Act rather than the ordinary criminal law.