Case Note & Summary
The petitioner, Siddu @ Siddeshwar, was accused in Special Case No.4/2015 under the POCSO Act before the Principal District and Sessions Judge, Bidar. The petitioner claimed to be a juvenile (below 18 years) on the date of the alleged offence and sought transfer of the case to the Juvenile Justice Board. The Special Judge, by order dated 22.04.2015, held that the petitioner was above 18 years based on a medical age determination report and refused to transfer the case. The petitioner had earlier filed Criminal Petition No.200335/2015 challenging an order dated 23.02.2015 refusing transfer, but that petition was disposed of with a direction to the Special Judge to reconsider the age issue. The Special Judge, after reconsideration, again held the petitioner to be above 18 years. The petitioner then filed the present petition under Section 482 Cr.P.C. to quash the order dated 22.04.2015. The High Court examined the school records, which showed the petitioner's date of birth as 02.06.1997, making him 17 years and 8 months old on the date of the alleged offence (February 2015). The medical opinion suggested an age of 18-20 years. The court held that in case of conflict, the benefit of doubt must go to the accused, and the school records should be preferred. The court quashed the Special Judge's order and directed the transfer of the case to the Juvenile Justice Board for determination of juvenility and further proceedings.
Headnote
A) Juvenile Justice - Determination of Age - Benefit of Doubt - Section 7A, Section 20, Section 49 of Juvenile Justice (Care and Protection of Children) Act, 2000 - The court held that when there is a conflict between school records and medical opinion regarding age, the benefit of doubt must be given to the accused, and the school records showing the accused as a juvenile on the date of offence should be accepted for the purpose of transfer to the Juvenile Justice Board. (Paras 5-10) B) Criminal Procedure - Quashing of Order - Section 482 of Code of Criminal Procedure, 1973 - The High Court quashed the order of the Special Judge refusing to transfer the case to the Juvenile Justice Board, as the Special Judge had not properly appreciated the school records and the principle of benefit of doubt in age determination. (Paras 11-12) C) POCSO Act - Jurisdiction of Special Court - Section 34 of Protection of Children from Sexual Offences Act, 2012 - The Special Court's order under Section 34 of the POCSO Act holding the accused to be above 18 years was set aside, and the case was directed to be transferred to the Juvenile Justice Board for further proceedings. (Paras 11-12)
Issue of Consideration
Whether the Special Judge under the POCSO Act erred in holding that the petitioner was above 18 years on the date of the alleged offence and refusing to transfer the case to the Juvenile Justice Board, and whether the High Court should quash that order under Section 482 Cr.P.C.
Final Decision
The High Court allowed the petition, quashed the order dated 22.04.2015 passed by the Principal District and Sessions Judge, Bidar, in Special Case No.4/2015, and directed the Special Judge to transfer the case to the Juvenile Justice Board for determination of juvenility and further proceedings in accordance with law.
Law Points
- Juvenile Justice (Care and Protection of Children) Act
- 2000
- Section 7A
- Section 20
- Section 49
- Protection of Children from Sexual Offences Act
- 2012
- Section 34
- Code of Criminal Procedure
- 1973
- Section 482
- Determination of juvenility
- Benefit of doubt in age determination
- Prima facie satisfaction for transfer to Juvenile Justice Board
