Dr. Arijit Pasayat, J.
The only point urged in support of the appeal is that the appellant was
minor within the meaning of the Juvenile Justice (Care and Protection of Children)
Act, 2000 (in short "2000 Act"). Reference is also made to the amendment of the
expression "juvenile in conflict with law" in terms of Section 2(l) as amended by Act
33 of 2006 with effect from 22.8.2006. Reference is also made to the explanation
appended to Section 20 by the said amendment. It is the stand of the appellant that
on the date of occurrence he was minor as his date of birth is 6.3.1973.
Learned counsel for the respondent states that this plea was not raised
either before the trial court or before the High Court by the appellant. The
question about the applicability of 2000 Act and the amendment thereto has to be
tested on the basis of the evidence. Though certain documents have been filed to
substantiate their stand that the appellant was a minor on the date of occurrence i.e.
on 15.6.1990, the applicability of the amended provisions have to be considered. In
the peculiar facts of this case, we set aside the impugned judgment of the High
Court and remit the matter to the trial court to decide only the question as to
whether the appellant was a juvenile on the date of commission of the offence i.e. on
15.6.1990. We make it clear that we have not expressed any opinion on the merits of
the case. The trial court shall permit the accused appellant to produce such
evidence as is considered necessary by him to substantiate the aforesaid plea.
Similar shall be the case in case of prosecution.
As the matter is pending since long, let the adjudication be done by the
end of September, 2009. The accused-appellant shall continue to remain in custody
till the adjudication is done by the trial court.
We make it clear that the impugned judgment is being set aside only for
the purpose of adjudicating the plea raised by the appellant that he was minor at
the time of commission of the offence.
The appeal stands disposed of accordingly.
(Dr. Arijit Pasayat)
(Asok Kumar Ganguly) New Delhi; April 23, 2009.