In a recent judgement by the Gujarat High Court, the case of Vimal Chadha Vs. Vikas Choudhary has brought attention to the critical issue of age determination in juvenile offence cases. This ruling holds significance in establishing the framework for justice for minors involved in criminal activities. Stay informed about this groundbreaking development in the realm of Juvenile Justice law.
Facts
- The Children’s Court rejected the application under section 472, recognizing it as a continuous offence.
- Physical abuse of the victim was observed until four days before the complaint was filed.
- The Children’s Court noted that the applicants were above the juvenile age limit at the time of the offence.
- The prayer was made to transfer the accused to the Juvenile Board based on their age at the time of the offence.
- One applicant’s date of birth is 19.12.2003 and the other applicant’s date of birth is 15.07.2005.
Arguments
- In the case of Vimal Chadha Vs. Vikas Choudhary, the Hon’ble Supreme Court held that the relevant date for determining the age of the accused is the date on which the occurrence took place.
- Advocate Mr. Dagli relied on the judgment of Pratap Singh Vs. State of Jharkhand & Anr., where it was held that the reckoning date of the juvenile is the date of the offence and not the date of production.
- The Supreme Court of India reported in 2005 (1) Supreme 775
- Learned APP submitted that giving a threat would also be considered as a continuous offence.
Analysis
- The applicant born on 19.12.2003 has no case against him in this matter.
- The applicant born on 15.07.2005 is alleged to have committed the offence in February 2023, when he was 17 years and 7 months old.
- The applicant’s lawyer, Mrs. Yogini V.Parikh, was asked to get information about Instagram from the victim, whose phone is currently with the police.
- The allegation against the applicant is that he harassed the victim until 22.07.2023 through social media.
- Section 94 of the Juvenile Justice Act provides for the presumption of determining the age of the accused.
- The J.J. Board must record observations on the appearance of the child brought before it.
- The Board should state the age of the child as accurately as possible.
- The inquiry under section 14 or section 36 should proceed without further age confirmation.
- Documents required for conducting age tests should be listed as per sub-section (2) of section 94 of the J.J. Act.
Decision
- The application in question has been disposed of
- The matter of determining the age of the applicant at the time of the offence has been assigned to the J.J. Board in Anand
- The J.J. Board will make use of the F.S.L. report to make their determination
- A decision is expected to be reached within 15 days
Case Title: MOHAMMED FARHAN SHAHIDBHAI VOHRA THROUGH SHAHIDBHAI GANIBHAI VOHRA Vs. STATE OF GUJARAT
Case Number: R/CR.RA/126/2024
