Delhi HC holds rape convict as juvenile, releases him

A youth convicted and sentenced to life term in jail for rape has been ordered to be released by Delhi High Court on the ground that he was a minor at the time of the offence and has already served the stipulated punishment.
A bench of justices G S Sistani and Sangita Dhingra Sehgal ordered his release saying he has already undergone imprisonment for three years and 52 days, while the Juvenile Justice Act provides that a minor can be sent to a correction home only for a maximum of three years.
The bench refused to rely on the convict's ossification report test as per which he was 22 years old at the time of the offence and instead relied on the school certificates submitted by him according to which he was 17 years 7 months and 29 days old on the date of commission of the offence.

The trial court had allowed the police plea to carry out an ossification test as the probe agency was of the view that no authentic document of age was produced and the documents on which the appellant was relying prima facie did not appear to be authentic.
The high court while giving relief to the youth said the trial court "conducted a roving and fishing enquiry and could not have directed conducting an ossification test on the appellant (juvenile).
"Having once examined the authenticity of the documents produced by the appellant and on the basis of the evidence of the Principal and teacher of the school of the appellant, only an enquiry as contemplated under Rule 12 (of the Juvenile Justice (Care and Protection of Children) Rules could have been carried out," the bench said.

Rule 12 of Juvenile Justice Rules provides the procedure to be followed in determination of age.
The high court passed the judgement on the youth's plea challenging his sentence on the ground that he was a juvenile at the time of commission of his offence.
"Resultantly the application is allowed. The appellant is declared to be a juvenile on the date of the commission of the offence, based on the birth certificate of the appellant," it said.