SHER SINGH @SHERU VS STATE OF UTTAR PRADESH

 

SHER SINGH @SHERU

                     VS

STATE OF UTTAR PRADESH

 

Criminal Appeal no. 1883 of 2013

Decided on : 26 SEPTEMBER 2016

 

At High Court of Judicature at Allahabad 

By HonorableMr. Justice V.K SHUKLA

Honorable Mr. Justice RAMESH SINHA

Honorable Mr. Justice BHARAT BHUSHAN

 

COUNSEL FOR APPELLANT: Dharmendra Singh

COUNSEL FOR RESPONDENT: Government Advocate

 

ISSUES :Claim of juvenility can be raised even after case disposal?

1.      Whether the right of a juvenile to raise the issue can be denied, by dismissing a writ petition as infructuous and then permitting him to appeal in criminal appeal the same issue filed in juvenile justice board?

2.       Whether the doctrine of finality is applied?

3.       Whether the questions raised in criminal appeal is correct based on the final judgement given by Learned Counsel?

 

JUDGEMENT:

(i) A claim of juvenility may be raised at any stage even after final disposal of the case. It may be raised for the first time before this Court as well after final disposal of the case. The delay in raising the claim of juvenility cannot be a ground for rejection of such claim. The claim of juvenility can be raised in appeal even if not pressed before the trial court and can be raised for the first time before this Court though not pressed before the trial court and in appeal court.

(ii) For making a claim with regard to juvenility after conviction, the claimant must produce some material which may prima facie satisfy the court that an inquiry into the claim of juvenility is necessary. Initial burden has to be discharged by the person who claims juvenility.

(iii) As to what materials would prima facie satisfy the court and/or are sufficient for discharging the initial burden cannot be catalogued nor can it be laid down as to what weight should be given to a specific piece of evidence which may be sufficient to raise presumption of juvenility but the documents referred to in Rule 12(3)(a)(i) to (iii) shall definitely be sufficient for prima facie satisfaction of the court about the age of the delinquent necessitating further enquiry under Rule 12.

 

CASE COMMENT:

As the landmark judgement on right of claiming of juvenility after case disposal or at any stage of proceeding titled Ashok vs State of Madhya Pradesh on 29 November, 2021, this has been mentioned that an accused can claim juvenility at any stage or after disposal of case and delay is not a reasonable ground of rejection. But how much delay cannot be a ground? If an accused raise for claim of juvenility after 11 years, then? If this right is absolute then how will the case will be dismissed, time period after case disposal to claim should be specified by the court.

Secondly, for making a claim of juvenility some material should be satisfy by claimant for inquiry in court but the material which may prima facie satisfy the court in not the sufficient ground for inquiry as in few cases the court has taken few materials like school certificate, voter id card to believe of juvenility of the claimant which is not a reliable source of proving juvenility, it can be made fake. Therefore, materials which are used to satisfy the court for inquiry by the claimant should be strong and reliable.   but the court mentioned as documents in rule 12 to be used as material should be amend.