SXXXX v. XXXX, 2025
The plea of juvenility can be raised at any stage, even after conviction, as laid down in Supreme Court precedents.
Judgement Details
Court
Punjab and Haryana High Court
Date of Decision
23 September 2025
Judges
Justice Shalini Singh Nagpal
Citation
Acts / Provisions
Section 13(1)(ia), Hindu Marriage Act, 1955
Section 25, Hindu Marriage Act, 1955
Facts of the Case
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The appellant was convicted in 2001 for rape committed in 1999, under Sections 363, 366, and 376 IPC.
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He was a minor at the time of the incident, as claimed later during the appeal process.
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The claim of juvenility was not raised during the trial, but surfaced in 2015, during the appeal.
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The appellant filed an application under Section 20 of the Juvenile Justice Act, 2000, seeking to be declared a juvenile in conflict with law.
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The basis of the claim: School Leaving Certificate from S.D. Modern School, Saharanpur, which recorded his date of birth as 02.01.1983.
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This would make him 16 years, 6 months, and 17 days old on the date of the offence (19.06.1999).
Issues
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Whether the claim of juvenility can be raised for the first time at the appellate stage?
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Whether the accused was below 18 years of age at the time of the offence?
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Whether the School Leaving Certificate is reliable proof of age?
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What procedure must be followed under the JJ Act, 2015 to determine juvenility?
Held
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The High Court ordered that Transmission of records (including the school certificate and application) to the Sessions Judge.
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Sessions Court to conduct an inquiry under the JJ Act, 2015.
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The inquiry must be completed within 3 months.
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This was necessary to ensure that if the accused was indeed a juvenile, the appropriate juvenile justice provisions could be applied retrospectively.
Analysis
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The plea of juvenility can be raised at any stage, even after conviction, as laid down in Supreme Court precedents.
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It was cited the Vinod Katara case, where a similar direction was issued despite the accused having crossed age 50.
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The School Leaving Certificate was verified by the Principal of the issuing school.
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The birth could not be verified from village records, as the family had migrated, and Anganwadi records only dated back to 2006.
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Since there is prima facie material, the Court found it necessary to conduct a formal inquiry.