Mahesh Jogi v. State of Rajasthan

A • (2014) 11 S.C.R. 293 ## MAHESH JOGI I(. THE STATE OF RAJASTHAN (Criminal Appeal No. 2621 of 2014) DECEMBER 16, 2014 B **[FAKKIR MOHAMED IBRAHIM KALIFULLA AND ABHAY MANOHAR SAPRE, JJ.]** _Juvenile Justice (Care and Protection of Children) Act, 2000_ - _s. 2(k), 15_ - _Juvenile_ - _Appellant-accused about 17_ C _years and 4 months on the date of the commission of offence-_ - _20. 01. 1985 Conviction and sentence imposed on the_ - _appellant, prior to the commencement of the Act of 2000 Entitlement for the benefit as a juvenile under the Act of 2000_ - _Held: Benefit would only enure to the extent of the sentence_ **o** _imposed on the appellant_ - _Therefore, even while upholding the cgnviction it is held that the appellant was a juvenile, as regards imposition of sentence on the appellant, the Juvenile Justice Board directed to pass appropriate orders u/s. 15 of the Act._ E _Ajay Kumar v. State of Madhya Pradesh_ **(2010) 15 SCC 83;** _Jitendra Singh alias Babboo Singh and another v. State of Uttar Pradesh_ **(2013) 11 SCC 193 - relied on.** _Hariram v._ State State _of Rajasthan_ **(2009) 13 SCC 193;** _Abuzar Hussain_ @ _Guizar Hossain v. State of West Bengal_ **2012 (9) SCR 244:(2012) 10 SCC 489,;** _Yakub Abdul Razak Memon v. State of Maharashtra_ **2013(13) SCC 1;** _Hakkim v. State represented through Deputy Superintendent of Police_ **JT (2014) 9 SC 243 - referred to.** F G ## **Case Law Reference:** **(2009) 13 sec 193 Referred to Para 5** 293 H SUPREME COURT REPORTS [2014] 11 S.C.R. 294 A B |2012 (9) SCR 244|Referredto|Para6| |---|---|---| |2013(13)sec1|Referredto|Para6| |JT(2014) 9 SC 243|Referredto|Para6| |(2013)11sec193|Reliedon|Para7| |(2010)1ssec83|Reliedon|Para 8, 10| CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 2621 of 2014. c From the Judgment & Order dated 02.05.2013 of the High Court of Judicature for Rajasthan at Jaipur Bench Jaipur in S.B. Criminal Appeal No. 446 of 1986. ## Mohan Pandey for the Appellant.. D Shiv Mangal Sharma, AAG, Ankit Shah, Shrey Kapoor, Ruchi Kohli for the Respondent. The Order of the Court was delivered E ## ORDER 1. In this Special Leave Petition, while ordering notice on 20th January, 2014, such notice was confined to the question as to whether the petitioner was a juvenile at the time of the F commission of the offence. By our subsequent order dated 2nd July, 2014, after hearing learned counsel for the petitioner as well as the respondent-State, we directed the Additional Sessions Judge, Dausa Camp, Jaipur to hold an inquiry to find out as to whether the petitioner was a juvenile on the date of G the commission of the offence i.e. 20th January, 1985. The learned Sessions Judge was directed to give an opportunity to the petitioner to produce all requisite materials in support of the claim that he was a juvenile on the date of the occurrence and also to call for necessary documents from school authorities H for ascertaining the said question. MAHESH JOGI _v._ STATE OF RAJASTHAN 295 • 2. Pursuant to our order, the learned Sessions Judge after A holding an inquiry has submitted his Report dated 16th October, 2014. After detailed reference to the various materials placed before him, the learned Additional ~essions Judge, Dausa Camp, Jaipur, Rajasthan has submitted as under:- _"/t is, therefore, having determined the age of petitioner/_ B _accused Mahesh Jogi son of Parasram, Caste-Jogi, resident of Bagwada, Police Station-Aamer, DistrictJaipur(Raj.) order is passed that in Session Case No. 181 86(58185) titled State v. Mahesh, the age of petitioner/ accused on the date of commission of offence i.e._ C _20.01.1985 was about 17 vears 04 months. meaning therebv that he had attained the age of 16 years and therefore he is not_ a _juvenile delinquent."_ C ## **[underlying is ours]** D 3. Leave granted. 4. Having perused the Report of the learned Additional Sessions Judge, we find that the appellant was about 17 years and 4 months as on the date of the occurrence namely 20th January, 1985. The conclusion of the learned Additional Sessions Judge that since accused-appellant was above 16 years of age he was not a juvenile is not correct. This Court has held in a number of decisions as to what would be the effect of the Juvenile Justice(Care and Protection of Children) Act, 2000 [hereinafter referred to as 'the Act of 2000']. The age of a juvenile has been amended by which the age which was prescribed as 16 years to be a juvenile was revised as 18 years under the Act of 2000. E F 5. A question arose as to when conviction came to be imposed on an accused, prior to the coming into force of the Act of 2000, and a claim as to his status as a juvenile at the subsequent stages as to whether the protection or the benefits can be made available to him as a juvenile by virtue of the coming into force of the Act of 2000. In the decision reported G H [2014] 11 S.C.R~ 296 SUPREME COURT REPORTS - A in _Hariram v. State of Rajasthan_ (2009) 13 SCC 193, it was ultimately held:- - " ..... a _juvenile who had not completed eighteeen years on the date of commission of the offence was also entitled to the benefits of the Juvenile Justice Act, 2000, as if the_ - B _provisions of Section 2(k) had always been in existence even during the operation of the 1986 Act."_ 6. The said judgment was subsequently followed in the decisions reported in _Ajay Kumar v. State of Madhya Pradesh_ C (2010) 15 SCC 83, _Abuzar Hussain_ @ _Guizar Hossain v. State of West Bengal_ (2012) 10 SCC 489, _Jitendra Singh alias Babboo Singh and another v. State of Uttar_ Pradesh(2013) 11 SCC 193 and _Yakub Abdul Razak Memon v. State of Maharashtra_ 2013(13) SCC 1. One of us, Hon'ble Mr. Justice Fakkir Mohamed Ibrahim Kalifulla, in the judgment reported in 0 JT (2014) 9 SC 243 titled _Hakkim v. State represented through Deputy Superintendent of Police_ had occasion to follow the above said principle while dealing with a convict in Criminal Appeal No. 1410 of 2009(one of the three appeals). E Therefore, after the coming into force of the Act of 2000, a juvenile who had not completed 18 years of age on the date of the commission of the offence was entitled to the benefits of the said Act. 7. Keeping the above legal principle consistently held by F this Court in the above referred to decisions, when we consider the Report of the Additional Sessions Judge, Dausa Camp, Jaipur, Rajasthan, inasmuch as the appellant was only 17 years 4 months on 20th January, 1985, he was entitled for the benefit of the Act of 2000. Since notice was issued in this appeai by G way of special leave confining to the question as to whether the appellant was entitled for the benefit as a juvenile and by a decision reported in _Jitendra Singh's case (supra),_ it was made clear that such benefit would only enure to the extent of the sentence imposed on the appellant, there is no scope for H interfering with the conviction imposed on the appellant. MAHESH JOGI _v._ STATE OF RAJASTHAN • 297 8. Therefore, even while affirming the conviction we hold that the appellant was a juvenile and has to be dealt with on that basis for imposition of sentence. We wish to follow the direction issued by this Court in the decision reported in _Ajay Kumar's case (supra)._ 9. Paras 6 of the said decision is reproduced hereunder:- A B _"6. Rule 98 of the Juvenile Justice (care and Protection of Children Rules, 2007 (hereinafter referred to as "the Juvenile Justice Rules, 2007') provides the procedure as to how_ a _case of_ a _juvenile who is in conflict with law_ C _should be disposed of The same reads_ as _follows:_ _"98. Disposed off_ cases _of juveniles in conflict with Jaw_ - _Government or_ as _the case may be the Board may, either suo motu or on an application made for the purpose, review the case of_ a _person or_ a _juvenile in_ D _conflict with law, determine his juvenility in terms f the provisions contained in the Act and Rule 12 of these Rules and pass an appropriate order in the interest of the juvenile in conflict with Jaw under Section 64 of the Act, for the immediate release of the juvenile in conflict with_ E _Jaw whose period of detention or imprisonment has exceeded the maximum period provided in Section 15 of the said Act."_ E 10. In the light of the said decision, the appellant is referred to the Juvenile Justice Board and while setting aside the sentence awarded to him without interfering with the conviction, the Juvenile Justice Board is directed to pass appropriate orders under Section 15 of the Act as regards the sentence to be undergone by the appellant. The said exercise shall be carried out by the Juvenile Justice Board expeditiously preferably within one month from the date of receipt of a copy of this order. F G 11. The appeal stands disposed of on the above terms. Nidhi Jain Appeal disposed of. H