PAWAN KUMAR GUPTA versus STATE OF NCT OF DELHI

Citation: [2020] 1 S.C.R. 69 · Decided: 20-01-2020 · Supreme Court of India · Bench: R. BANUMATHI, ASHOK BHUSHAN, A.S. BOPANNA · Disposal: Dismissed
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Judgment (excerpt)

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PAWAN KUMAR GUPTA
v.
STATE OF NCT OF DELHI
(Special Leave Petition (Criminal) No. 547 of 2020)
JANUARY 20, 2020
[R. BANUMATHI, ASHOK BHUSHAN AND
A. S. BOPANNA, JJ.]
Juvenile Justice (Care and Protection of Children) Act, 2000
– ss.7A, 21 – Nirbhaya Case – Petitioner-accused claimed that he
was juvenile at the time of commission of the offence and the same
is apparent from the School Leaving Certificate – Filed petition for
holding an enquiry in terms of s.7A – Dismissed by the Addl. Sessions
Judge inter alia referring to the order of the Supreme Court dtd.
09.07.18 wherein the plea of juvenility taken by the petitioner was
rejected – High Court also, in Revision, dismissed the Petitioner’s
claim of juvenility – On appeal, held: In the present case, this is not
the first time that the petitioner has raised the plea of juvenility –
When the matter was pending before the lower courts, earlier the
petitioner had raised the plea of juvenility which was rejected by
the Metropolitan Magistrate by order dtd.10.01.13 – This order
was not challenged – Further, when the criminal appeal was pending
before the High Court, the petitioner and a co-accused raised the
plea of juvenility – Rejected – Plea of juvenility was then raised in
the review petition also before the Supreme Court – Said plea taken
by the petitioner and the co-accused was rejected by order dtd.
09.07.18 and that order has attained finality – s.7A stipulates that
an application can be filed before any court at any stage including
the stage after the final disposal of the petition, however, once a
convict has chosen to take the plea of juvenility before the
Magistrate, High Court and also before the Supreme Court and the
said plea has been rejected up to the Supreme Court, the petitioner
cannot be allowed to reagitate the plea of juvenility by filing fresh
application u/s.7A – High Court rightly dismissed the revision petition
– No ground to interfere with the impugned order.
   [2020] 1 S.C.R. 69
69
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SUPREME COURT REPORTS
[2020] 1 S.C.R.
Ram Narain v. State of Uttar Pradesh (2015) 17 SCC
699 : [2015] 9 SCR 200 ; Upendra Pradhan v. State of
Orissa (2015) 11 SCC 124 : [2015] 5  SCR 214 ;
Ashwani Kumar Saxena v. State of Madhya Pradesh
(2012) 9 SCC 750 : [2012] 10  SCR 540 – referred to.
Case Law Reference
[2015] 9 SCR 200
referred to
Para 6
[2015] 5 SCR 214
referred to
Para 6
[2012] 10 SCR 540  
referred to
Para 6
CRIMINAL APPELLATE JURISDICTION : Special Leave
Petition (Criminal) No. 547 of 2020.
From the Judgment and Order dated  19.12.2019 of the High
Court of Delhi at New Delhi in Criminal Revision Petition No. 1301 of
2019.
Dr. A.P. Singh, V.P. Singh, Ms. Geeta Chauhan, Ms. Pratima Rani,
Ms. Richa Singh, Sadashiv, Advs. for the petitioner.
Tushar Mehta, SG, Sidharth Luthra, Sr. Adv., Chirag M. Shroff,
Rajat Nair, Ms. Swati Ghildiyal, Kanu Agrawal, Ms. Supriya Juneja,
Ms. Yashika Verma,  Ms. Abhilasha Bharti, Manan Popli, Shantnu Sharma,
Rajeev Ranjan, Varun Chugh, Bhuvan Kapoor, Digvijay Dam, A.K.
Sharma, Ms. Gargi K., Adv., Advs. for the respondent.
The following Order of the Court was passed:
O R D E R
1. Accused Pawan Kumar Gupta has filed this SLP challenging
the order dated 19.12.2019 passed by the High Court of Delhi in Criminal
Revision Petition No.1301 of 2019 dismissing the claim of the petitioner
of juvenility.
2. Contention of the petitioner Pawan Kumar Gupta is that he
was a juvenile at the time of commission of the offence and that the
same is apparent from the School Leaving Certificate issued in his favour
by Gayatri Bal Sanskar Shala, Narayan Pur, Tanda, District Ambedkar
Nagar, Uttar Pradesh. According to the petitioner, as per the said
certificate, his date of birth is 08.10.1996 and therefore, on the date of
alleged incident i.e. 16.12.2012, the petitioner was aged only 16 years 02
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months and 08 days and that he was a juvenile on the date of the alleged
commission of the offence.  Contention of the petitioner is that the
certificate has been found to be genuine by the investigating officials
and therefore, prayed for holding an enquiry in terms of Section 7A of
the Juvenile Justice (Care and Protection of Children) Act, 2000 (for
short “JJ Act”). According to the petitioner Pawan Kumar Gupta, as per
Section 21 of the Act, no child in conflict with law shall be sentenced to
death or imprisonment for life. The said petition was dismissed by the
Additional Sessions Judge, FTC Court No.7 by
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