JITENDRA SINGH @ BABBOO SINGH & ANR. versus STATE OF U.P.

JITENDRA SINGH @ BABBOO SINGH & ANR. versus STATE OF U.P.

An enquiry must be directed to determine the appellant's age at the time of the offence as the appellant has discharged the prima facie burden through documentary and medical evidence. The plea of juvenility is permitted at this stage, and the trial court is to conduct a thorough enquiry including school, Panchayat, electoral, and medical records.

Parties
Appellant: Jitendra Singh @ Babboo Singh; Appellant: Anr.; Respondent: State of U.P.
Jurisdiction
India
Judgment Date
19 November 2010
Procedural Posture
Criminal Appeal / Appeal Before Supreme Court, Interlocutory Order on Additional Ground of Juvenility
Outcome
Appeal adjourned; trial court directed to enquire into juvenility of appellant and submit a report.
Legal Topics
Juvenility, Section 304 B IPC, Section 498 a IPC, Section 2(k) Juvenile Justice Act 2000, Section 7 a Juvenile Justice Act 2000
Criminal Law Juvenile Justice Juvenility Section 304 B IPC Section 498 a IPC Section 2(k) Juvenile Justice Act 2000 Section 7 a Juvenile Justice Act 2000

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Parties

Jitendra Singh @ Babboo Singh

Appellant

Anr.

Appellant

State of U.P.

Respondent

Procedural Posture

Criminal Appeal / Appeal Before Supreme Court, Interlocutory Order on Additional Ground of Juvenility

Legal Issues

  1. 1 Whether the appellant was a juvenile within the meaning of the Juvenile Justice (Care and Protection of Children) Act, 2000 on the date of the offence
  2. 2 Whether the appellant can raise the plea of juvenility before the Supreme Court at this stage

Ratio Decidendi

An enquiry must be directed to determine the appellant's age at the time of the offence as the appellant has discharged the prima facie burden through documentary and medical evidence. The plea of juvenility is permitted at this stage, and the trial court is to conduct a thorough enquiry including school, Panchayat, electoral, and medical records.

Court Disposition

Appeal adjourned; trial court directed to enquire into juvenility of appellant and submit a report.

Orders

  • Trial court to hold an enquiry into the appellant's age at the time of the offence and submit a report within four months.
  • Trial court free to summon school, Panchayat, electoral or other relevant records.