Juvenile plea cannot be applied lightly for accused, especially in cases of heinous offences, a city court has held, dismissing a youth’s application seeking to be declared a minor when the robbery-murder was allegedly committed by him.
No abuse of the benevolent legislation on juvenility can be permitted, Additional Sessions Judge Kamini lau said while noting that the date of birth certificate of accused Rudermani “does not appear to be authentic” and relied on the medical tests which showed he was an adult. The court said the entries made in his school records about his age are “more authentic and credible” which show he was 19 years-and-seven-months-old when the offence was committed in October 2011.
“None can be permitted to abuse the provisions of benevolent legislation and this plea of juvenility cannot be applied lightly by the courts of law especially in those cases where the accused is being tried of heinous offences,” it said. “I conclude that the date of birth certificate issued on September 21, 2013 does not appear to be authentic whereas on the other hand the entries made in the school record are more authentic and credible also finding due corroboration/ confirmation from the ossification report of applicant/accused,” the judge said.
Rudermani is facing prosecution along with accused Rohit Kumar and Sunil for robbing and murdering one Harkesh Meena in October 2011. Rudermani, in his juvenility plea, claimed that as per his birth certificate, he was born on May 27, 1994 and was a minor when the alleged offence was committed.
“In heinous crimes, it is the duty of courts to scrutinise plea of juvenility with extreme caution, to ensure that plea of minority is not employed to escape punishment. In this case the Supreme Court also noted that the method and manner of commission of offence indicated evil and matured skill of accused and therefore in the absence of reliable documentary evidence in support of age of accused, medical evidence which indicated that accused was major would be given primacy,” Judge Kamini lau added.