GAURAV KUMAR @ MONU versus THE STATE OF HARYANA

GAURAV KUMAR @ MONU versus THE STATE OF HARYANA

The Court held that the 2007 Rules were not applicable because the offence occurred on 23/24.05.2000 and the Sessions Judge's report of 08.05.2003 was also prior to enforcement of the 2007 Rules; therefore the 2001 Rules govern the inquiry into juvenility, and in the interest of justice the High Court order dated 30.01.2015 was set aside and the question of juvenility remitted to the High Court for fresh consideration of the materials on record including documents the appellant sought to file.

Parties
Appellant: Gaurav Kumar @ Monu; Respondent: State of Haryana
Jurisdiction
India
Judgment Date
15 February 2019
Procedural Posture
Criminal Appeal / Appeal to Supreme Court From Punjab & Haryana High Court Order Dated 30.01.2015
Outcome
Order dated 30.01.2015 of the Punjab & Haryana High Court set aside and the question of juvenility remitted to the High Court for fresh consideration.
Legal Topics
Determination of Age, Procedure for Juvenility, Preference Among Documentary and Medical Evidence, Applicable Rules (juvenile Justice Rules 2001 Vs 2007), Remittal for Fresh Consideration
Juvenile Justice Criminal Law Evidence Determination of Age Procedure for Juvenility Preference Among Documentary and Medical Evidence Applicable Rules (juvenile Justice Rules 2001 Vs 2007) Remittal for Fresh Consideration

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Parties

Gaurav Kumar @ Monu

Appellant

State of Haryana

Respondent

Procedural Posture

Criminal Appeal / Appeal to Supreme Court From Punjab & Haryana High Court Order Dated 30.01.2015

Legal Issues

  1. 1 Whether Rule 12 of the Juvenile Justice (Care and Protection of Children) Rules, 2007 applied to determination of age in this case
  2. 2 Whether the school certificate should be preferred over the municipal birth certificate in determining juvenility
  3. 3 Which set of Juvenile Justice Rules (2001 or 2007) govern the inquiry when the offence occurred on 23/24.05.2000

Ratio Decidendi

The Court held that the 2007 Rules were not applicable because the offence occurred on 23/24.05.2000 and the Sessions Judge's report of 08.05.2003 was also prior to enforcement of the 2007 Rules; therefore the 2001 Rules govern the inquiry into juvenility, and in the interest of justice the High Court order dated 30.01.2015 was set aside and the question of juvenility remitted to the High Court for fresh consideration of the materials on record including documents the appellant sought to file.

Court Disposition

Order dated 30.01.2015 of the Punjab & Haryana High Court set aside and the question of juvenility remitted to the High Court for fresh consideration.

Orders

  • Order dated 30.01.2015 passed by Punjab & Haryana High Court is set aside.
  • Question of juvenility of the appellant remitted to the High Court for fresh consideration on the basis of relevant materials on record and the Sessions Judge's report.