Rahul Kumar v. State Of Punjab
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH Date of Decision: 19.07.2024 RAHUL KUMAR ......PETITIONER Vs.
STATE OF PUNJAB .........RESPONDENT
CORAM:
HON'BLE MS. JUSTICE HARPREET KAUR JEEWAN Present:- Mr. Gagandeep Singh Virk , Advocate, for the petitioner.
***** HARPREET KAUR JEEWAN J.
1.
Challenge in the present Criminal Revision is to the order dated 09.05.2024, passed by the learned Additional Sessions Judge, (Fast Track Special Court), Ludhiana, dismissing the application moved by the petitioner for declaring him as juvenile.
2.
The petitioner is facing the trial before the learned Additional Sessions Judge, (Fast Track Special Court), Ludhiana in case FIR No. 189, dated 10.09.2023, under Sections 363, 366-A and 376 of the IPC and Sections 4 and 12 of the
registered at Police Station Samrala, District Khanna (Annexure P-1). 3.
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( ' (i) As and when any person brought before a Court (including an appellate Court), who is alleged to have committed an offence, claims before that Court that he is a child or was a child on the day of commission of the offence, the said Court shall promptly conduct an enquiry to determine the age of that person [sub-section (2) of Section 9]; (ii) The courts and the authorities are required to deal with children differently from adults. While dealing with children, the Principle of presumption of innocence, Principle of participation, Principle of best interest, Principle of nonstigmatizing semantics, Principle of non-waiver of rights and Principles of natural justice as contained in Section 3 of the Act of 2015, are required to be followed.
(iii) The Judicial officers and the authorities dealing with the children are required to be pro-active during the process of age determination. The evidence regarding the age can be sought from the authorities wherever such evidence is available. The documents mentioned in Section 94 (2) of the Act of 2015 should be taken into consideration and the process to determine the age as mentioned therein should be quickly followed.
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3 8.
In view of the ratio of the aforesaid decision and considering the fact that proper inquiry has not been conducted by the learned trial Court, while dismissing the claim of the petitioner regarding juvenility, as such, the present Criminal Revision Petition is allowed. The impugned order, dated 09.05.2024, passed by the learned Additional Sessions Judge, (Fast Track Special Court), Ludhiana, is set aside. The trial Court shall conduct an inquiry in terms of Section 9 of the Act of 2015 and decide the application moved by the petitioner, afresh.
9.
Pending miscellaneous application(s), if any, shall also stand disposed of.
July 19, 2024 (HARPREET KAUR JEEWAN) nitin JUDGE Whether Speaking Yes Whether reportable No