Summary
The Court remitted the appellant’s juvenility claim for fresh High Court consideration despite withdrawal of his additional-evidence applications. The 2003 age inquiry had to be assessed under the 2001 Rules, rather than the hierarchy introduced by the 2007 Rules. The High Court was directed to receive the additional documents and consider all relevant material and the Sessions Judge’s report before deciding the criminal appeal on merits. The Court itself did not determine juvenility.
Issues
- Which rules governed assessment of the earlier age inquiry.
- Whether the High Court should reconsider juvenility with the additional documents despite withdrawal of the applications.
Provisions considered
- Rule 22(5), Juvenile Justice (Care and Protection of Children) Rules, 2001Held applicable to consideration of the age inquiry conducted and reported in 2003. (¶¶ 16, 17, 18, 19)
- Rules 12(3) and 100, Juvenile Justice (Care and Protection of Children) Rules, 2007Declined to apply the later documentary hierarchy to the earlier inquiry and noted repeal of the 2001 Rules. (¶¶ 10, 11, 12, 13, 15)
Held
- Although the additional-evidence applications had been withdrawn, the Court examined the juvenility submissions rather than treating withdrawal as conclusive. (¶ 10)
- The appellant’s reliance on the 2007 Rules’ preference hierarchy did not govern the inquiry reported in 2003, before those rules came into force. Rule 22(5) of the 2001 Rules was the relevant provision. (¶¶ 15, 16, 17)
- The High Court had not considered the issue because the applications were not pressed. It was therefore directed to reconsider juvenility before deciding the criminal appeal on merits, taking the additional documents on record and examining the relevant materials together with the Sessions Judge’s report. (¶¶ 18, 19)
Result
Appeals disposed of; High Court order set aside and juvenility question remitted for fresh consideration with the additional documents. No final finding of juvenility or alteration of conviction made by the Supreme Court.