Babla Alias Dinesh v. State Of Uttarakhand .

Order

1. Pursuant to the directions issued by this Court on 18-4-2011 (2012) 11 SCC 306, the Sixth Additional Sessions Judge, Haridwar has sent his inquiry report in Sessions Trial No. 39 of 1992. That report is merely based on the opinion of an individual doctor wherein it is stated that the age of the accused Babla alias Dinesh was between 15-16 years at the time of the incident (1-12-1991).

2. We have carefully perused the inquiry report and the opinion of the doctor who had examined the accused person. We are of the opinion that the learned Additional Sessions Judge has not followed the procedure prescribed under Rule 12 of the Juvenile Justice (Care and Protection of Children) Rules, 2007 while determining the age of the juvenile/accused person. In that view of the matter, for the present, we cannot accept the report of the learned Additional Sessions Judge.

3. Therefore, once again we direct the learned Sessions Judge to conduct an inquiry as prescribed under Rule 12 of the Juvenile Justice (Care and Protection of Children) Rules, 2007 to determine the age of the accused person and submit a report as early as possible, at any rate, within 45 days from today. Call on 16-12-2011. Court Masters