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| DB asks Trial Court to furnish its report for determination of petitioner's age | | Rape & Murder case | | Early Times Report
JAMMU, July 12: In a rape and murder case of minor in which Trial Court after conducting inquiry with regard to the plea of juvenility of the petitioner, submitted its report, holding that date of birth of the petitioner is proved to be 12.01.1987 and that on date of the occurrence, i.e. on 28.08.2005, he was more than 18 years of age and as such, was not a juvenile. Against this order the appeal was filed.
A Division Bench of Jammu & Kashmir High Court Comprising Justice Tashi Rabstan and Justice Sanjay Dhar after hearing Sr. Adv PN Raina for the petitioner whereas AAG Aseem Sawhney appearing for the UT, that job done by the Trial Court while making the impugned inquiry report and returning the findings thereon is sketchy, incomplete and far from satisfactory. The findings recorded thereon and the observations made therein, reference whereof has been given herein before, are perverse and against the record. The same are, therefore, liable to be set aside.
DB further observed that however, before reaching a definite conclusion as regards the age of the petitioner as on date of the occurrence, there is a need to collect further evidence and to ascertain precisely as to whether the certificate produced by the police, depicting the date of birth of the petitioner as 12.01.1987 actually pertains to him or to some other person. For this purpose, while setting aside the findings of the learned Trial Court made in the impugned inquiry report, we remand the case back to the Trial Court with the following directions that Trial Court to ascertain whether the certificate produced by the Station House Officer, Police Station, Kokernag, depicting the age of the petitioner as 12.01.1987 does actually pertain to the petitioner or to any other person keeping in view the fact that there is discrepancy in the name and particulars of the child mentioned in the said certificate and the name and particulars of the petitioner, as given in the challan and record the statements of the members of the Medical Board, who have examined the petitioner at the time of issuing Age Assessment Report dated 19.02.2016 and also to record the statement of the doctor, who has conducted radiological examination of the petitioner at the time of issuing certificate dated 19.09.2005.
DB further directed that Trial Court shall be at liberty to collect any other relevant evidence, that would help it in ascertaining the actual or approximate age of the petitioner at the time of commission of the alleged occurrence. After undertaking the aforesaid exercise, the Trial Court shall without getting influenced with the findings recorded in the report dated 17.03.2016, furnish its report with regard to determination of age of the petitioner as on date of occurrence to this Court within a period of two months from the date, a certified copy of this order is made available to the learned Trial Court. With these observations, DB disposed of the revision petition. The original record of the trial court be sent back with a direction that the same be returned to this Court along with the report of inquiry. —JNF |
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