The Supreme Court has directed to release a person convicted for sodomizing on the ground that he was juvenile at the date of offence.
'X' was convicted under Section 377 read with Section 511 of the Indian Penal Code, on the ground that he subjected a 10 years old boy to carnal intercourse. He was sentenced to undergo rigorous imprisonment for three years with a fine of Rs.3000/ with a default sentence. The trial Court had rejected the school certificate, which recorded his date of birth as 10.08.1984, on the ground that upon medical assessment, he was found to be 20 years of age. The High Court while dismissing the Revision Petition did not consider the plea of juvenility.
While considering the appeal, the Supreme Court directed the Additional Chief Judicial Magistrate, Dhanbad to conduct an enquiry and submit a report with regard to the claim of juvenility. The report submitted by him stated that he was juvenile or child on the date of occurrence.
Objecting to the report, the state contended that the school certificate was not conclusive and the certificate issued by the school in which he studied at the earliest point of time alone could be conclusive evidence. While rejecting this contention, the bench of Justice NV Ramana and Justice V. Ramasubramanian observed:
"But we do not agree. As per the transfer certificate produced by the appellant, his date of birth was 10.08.1984. The transfer certificate also mentions his date of admission in the school as 06.03.1990. The admission register was also produced before the Additional Chief Judicial Magistrate. The name of the appellant was mentioned at serial No.249 therein. The Additional Chief Judicial Magistrate has recorded a categorical finding that thel; recital contained in the certificate issued by the first attended school also tallied with the date of birth.. We have no reason to doubt the correctness or genuineness of the Report submitted by the Additional Chief Judicial Magistrate"
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