IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1402  OF 2003

  UNION OF INDIA ... APPELLANT(S)

:VERSUS:

  SAALIM ... RESPONDENT(S)

O R D E R

This appeal has been filed by the Union of India being aggrieved by and  

dissatisfied with the judgment and order dated 30.7.2002 passed by the Allahabad  

High Court, whereby the High Court has held that the respondent herein was below  

18 years of age on the date of the alleged commission of the offence in question.  In  

that view of the matter, a direction was issued by  the High Court that the case of the  

respondent  herein  would  be  dealt  with  in  accordance  with  the  provisions  of  the  

Juvenile Justice (Care and Protection of Children) Act, 2000.      

The aforesaid order of the High Court and the directions issued therein are  

under challenge in this appeal on which we have heard the learned counsel appearing  

on behalf of the appellant as also the learned counsel for the respondent.  

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The respondent  was arrested for alleged commission of  an offence  under  

Section 8/18 of the Narcotic Drugs & Psychotropic Substances Act, 1985.  

Before the Special Judge, a contention was raised on behalf of the respondent  

that he was a juvenile within the meaning of the Juvenile Justice Act of 2000.  The  

aforesaid claim of the  respondent was supported by a certificate issued by the school  

on the basis of the  School Leaving Register.  If the age of the respondent is computed  

on the basis of the said certificate issued by the school on the basis of the  School  

Leaving  Register  and  he  is  found  to  be  a  juvenile  on  the  date  of  the  alleged  

commission of offence, he was entitled to the benefits as provided under the Juvenile  

Justice Act of 2000.  

The Trial Court, however, ignored the entries made in the School Leaving  

Register and relying on the entries made in the Pariwar Register and the medical  

certificate, and on making its own assessment on the basis of the general appearance  

of  the  respondent,  held  that  the  respondent  was  not  a  juvenile  on  the  date  of  

commission of offence.  

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The aforesaid findings of  the Trial  Court  were held to be erroneous and  

illegal by the High Court for according to the High Court, emphasis should have been  

given and reliance should have been placed on the School Leaving Register which is  

one of the recognized and authentic documents for the purpose of determining the  

age of a person.

The  findings  arrived  at  by  the  High  Court  appear  to  be  cogent  and  

reasonable. An order was also passed as far back as 2002 directing that the case of the  

respondent be dealt with in accordance with the provisions of Juvenile Justice Act of  

2000. Seven years have passed by.  The trial of the case must have been completed by  

now, although counsel for the respondent submits that he has no instruction in this  

regard.  

Be that as it may, we do not wish to interfere with the findings arrived at by  

the High Court as we have already held that the findings of the High Court are based  

on cogent reasons and it does not suffer from any infirmity. We, therefore, hold that  

this appeal is without merit and the same is dismissed.  

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We, however, observe that if the case of the respondent is still pending in the  

Juvenile Court, the same shall be expedited and shall be completed within a period of  

six months from the date of receipt of a copy of this order.     

...........................J (Dr. MUKUNDAKAM SHARMA)

...........................J   (Dr. B.S. CHAUHAN)    NEW DELHI, MAY 21, 2009.