Plea of juvenility can be raised at any stage, even during appeal
Meghalaya High Court Quashes Conviction to Determine Juvenility of Accused. The Court orders a fresh inquiry by the Trial Court to ascertain the accused's age, invoking the Juvenile Justice Act.
In a landmark judgment, the Meghalaya High Court has set aside the conviction of Shri Beatbeat Marak, also known as Bithbith Ch. Marak, directing the Trial Court to conduct an inquiry into his age to determine if he qualifies as a juvenile under the Juvenile Justice (Care and Protection of Children) Act, 2015. The decision comes in response to an appeal filed by Marak, who was sentenced to seven years of imprisonment by the Sessions Judge, West Garo Hills, Tura, in 2022.
During the appeal, Marak's legal team, led by Mr. S.A. Sheikh, produced a Transfer Certificate and a Birth Certificate indicating that Marak was a minor at the time of the alleged offense. The Transfer Certificate from Diringgagre SSA L.P. School stated Marak's age as 8 years on December 15, 2009, while the Birth Certificate showed his birth date as May 5, 2001.
The Court emphasized the principle that the plea of juvenility can be raised at any stage of legal proceedings and must be thoroughly investigated by the competent court. Justice W. Diengdoh, presiding over the case, acknowledged the importance of reformation and rehabilitation as the Juvenile Justice Act's primary objectives. He noted that if documentary evidence of age is questionable, medical evidence should be considered.
The State's counsel, Mr. N.D. Chullai, argued against the plea, questioning the authenticity of the birth certificate issued in 2025. However, the Court sided with the defense, citing precedents that support age determination even at a late stage in proceedings. Justice Diengdoh referenced Supreme Court judgments that highlight the importance of child rights and the rehabilitative aims of juvenile justice.
The Court has remitted the case back to the Trial Court to verify the authenticity of the documents and determine Marak's age. The trial records have been sent back to the lower court, with both parties scheduled to reconvene on October 7, 2025.
This judgment underscores the judiciary's commitment to upholding child rights and ensuring that juveniles are treated in accordance with the law. The decision not only provides Marak an opportunity for a fair trial but also reinforces the significance of the Juvenile Justice Act in safeguarding the rights of minors within the legal system.
Bottom Line:
Plea of juvenility can be raised at any stage, even during appeal, and must be determined by the competent court through proper inquiry.
Statutory provision(s): Section 9(2), Section 94 of the Juvenile Justice (Care and Protection of Children) Act, 2015
