Punjab & Haryana High Court Directs Juvenility Test To Determine Age Of Man Convicted For Committing Rape In 1999

The Punjab & Haryana High Court has ordered a juvenility test to determine whether a man convicted in 2001 for a rape offence committed in 1999 was a minor at the time of the offence. The convicted man filed an application asserting he was under 18 at that time, supported by his School Leaving Certificate which stated his age as 16 years, 6 months, and 17 days on the date in question. Although this plea was not raised during his trial, the High Court held that juvenility can be raised at any stage, citing precedent. Acting under its powers in Section 391 of the Code of Criminal Procedure (CrPC), the Sessions Judge at Jagadhri is directed to determine the accused’s age as of June 19, 1999, following the Juvenile Justice (Care & Protection of Children) Act, 2015 and rules thereunder, as well as relevant jurisprudence like Abuzar Hossain and Rahul Kumar Yadav. The Court has given three months for completion of the inquiry. The accused is currently appealing both the conviction and sentence. The decision underscores that determination of juvenility is essential for ensuring fairness in sentencing and that lack of early claim does not automatically bar its consideration.