Page No.# 1/8 GAHC010260082025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/1318/2025 MD ASURUDDIN ALIAS ASURUDDIN ALI S/O- NASER ALI,R/O- VILL - POTA,P.O. - MAZGAON,P.S. - BHAWANIPUR POLICE OUTPOST,DIST. - BAJALI, ASSAM, 781352 VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.PASSAM, GAUHATI HIGHCOURT AND ANOTHER. 2:MD TAMSER ALI S/o - LATE NASER ALI VILL.- POTA MAZGAON P.S.BHAWANIPUR POLICEOUTPOST P.O. - MAZGAON DIST. - BAJALI ASSAM PINCODE -781352 Advocate for the Petitioner : MR. M U MAHMUD, MR S H MAHMUD,S SEKH,MS. B CHETIA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER 18.12.2025 (M. Zothankhuma, J) Heard Mr. M.U. Mahmud, learned counsel for the applicant and Ms. B. Page No.# 2/8 Buyan, learned Sr. Counsel and Addl. P.P., Assam assisted by Ms. R. Das. 2. The applicant has submitted this application praying that the applicant should be declared a juvenile within the meaning of Section 2(k) of the Juvenile Justice (Care and Protection of Children) Act, 2015, as amended up to date (hereinafter referred to as the ‘2015 Act’). 3. The prayer had been made on the ground that on the date of the murder of the deceased on 03.08.2009, the applicant was 17 years 9 months old and thus, not a major. 4. The applicant’s counsel submits that the fact that the applicant had not attained 18 years on the date of the incident came to his knowledge only now and the claim of juvenility had never been made before the learned Trial Court or the High Court in appeal. 5. The applicant’s counsel submits that the age of the victim can be gauged from the L.P. School Certificate dated 06.01.2000 issued by the Headmaster of Pota Madhya Para L.P. School, which shows that his date of birth was 01.11.1991. 6. The learned counsel for the applicant submits that in terms of the judgment of the Hon’ble Supreme Court in the case of (1) Rahul Kumar Yadav Vs. State of Bihar, reported in 2024 INSC 359 and (2) State of Madhya Pradesh Vs. Ramji Lal Sharma and Anr., Misc. Application No.261/2024 in Criminal Appeal No.293/2022, the plea of juvenility can Page No.# 3/8 be raised in any Court at any stage and even after final disposal of the case. He submits that the learned Trial Court had disposed of Sessions Case No.121/2010 vide judgment dated 09.04.2015, by convicting the applicant under Section 302 of IPC. The appeal filed by the applicant before this Court, vide Criminal Appeal(J) No.57/2015, was dismissed vide judgment and order dated 30.08.2016. 7. The applicant’s counsel submits that no plea of juvenility had been taken by the applicant before the learned Trial Court or before the High Court. It is only recently that the applicant has come to know of the L.P. School Leaving Certificate showing the applicant to be born on 01.11.1991, which would have made him a minor at the time of commission of the crime. He thus submits that in view of the L.P. School Certificate, the applicant should be declared a minor at the time of commission of the crime. 8. The applicant’s counsel further submits that no appeal has been filed by the applicant before the Hon’ble Supreme Court, against the judgment and order dated 30.08.2016 passed by this Court in Crl. A. (J) No.57/2015 as on date. 9. We have heard the learned counsels for the parties. 10. The Hon’ble Supreme Court in the case of Rahul Kumar Yadav (supra) had held that the proviso to Section 9(2) of the 2015 Act clearly enumerates that the plea of juvenility may be raised before any Court and it shall be recognised at any stage, even after final disposal of the case. It further held in Page No.# 4/8 para 11 of the said judgment that even if the plea of juvenility is not raised before the trial Court or the High Court, the same can be raised before the Supreme Court. 11. In the case of Ramji Lal Sharma and Anr. (supra), the Hon’ble Supreme Court, despite the conviction by the Sessions Court having been upheld by the High Court and the Supreme Court, the miscellaneous application claiming juvenility was directed to be enquired into. 12. The applicant’s counsel submits that in view of the above decisions of the Supreme Court, this Court should direct the learned Trial Court to conduct an enquiry, with regard to the claim of juvenility made by the applicant, in terms of the L.P. School Leaving Certificate dated 06.01.2000 issued by the school. 13. The application of the applicant praying for declaring him to be a juvenile has not made any mention, as to why he had not taken the plea of juvenility on the basis of the L.P. School Leaving Certificate before the learned Trial Court or High Court, as the same had been issued even prior to the murder having taken place. No explanation has been given by the applicant as to when the L.P. School Leaving Certificate was known to the applicant and why it has not been produced earlier. 14. The applicable para in the application regarding the L.P. School Leaving Certificate is para 3, which states as follows:- “3. That the applicant begs to state on the day of the alleged incident, i.e. on 03/08/2009, the applicant was 17 years and 9 months old as has been reflected Page No.# 5/8 in his LP School Leaving Certificate dated 06/01/2000 issued by the Headmaster where the applicant studied. However, unfortunately, this valuable information was not placed before the Ld. Judge, Bajali, at the time of trial nor was it placed before the Honorable High Court at the time of hearing the Criminal Appeal (J) No. 57/2015.” 15. The above being said, the examination of the applicant under Section 313 Cr.P.C. before the learned Trial Court held on 14.12.2012, shows the applicant’s age to be 25 years. Thus, if he was 25 years on 14.12.2012, he would have been born in the year 1987. There is no stand taken by the applicant during the trial and even at the time of cross-examination of the witnesses that he was a minor. 16. The present application for declaring him a minor has been made 9 years after his appeal had been dismissed by this Court on 30.08.2016. 17. The translated copy of the L.P. School Leaving Certificate, which is at Annexure-D of the application, is reproduced hereinbelow as follows:- “ CERTIFICATE SRI ASUR UDDIN S/O SRI NASHER ALI MOTHER, SRI RAHELA KHATUN VILL: POTA DIST:MAJGOAN P.S: BARPETA MOHKUMA: BAJALI, DIST: BARPETA PATA He read at Madhya para L.P School in 4th class. His education at this Page No.# 6/8 school ended in December,31 1999. He passed the final examination of this school in the A,B,C,D grade or has not passed. His date of birth is 1 november, 1991. According to the admission register his age is…………… years………..months……….days. (As above). His behaviour and character was good during his time at the school. Date: -6/1/2000 sd/llegible Headmaster/Headmistress FULL NAME:Mainul Haque SEAL:-POTA MADHYA PARA LP SCHOOL” 18. The above being said, we have been informed by the Registry that the Gauhati High Court Legal Service Committee has, vide letter No.GHCLSC/09/2023/98 dated 19.05.2025, sent the applicant’s case to the Supreme Court Legal Services Committee, to be taken up by the Legal Aid Committee in appeal. The above letter dated 19.05.2025 states as follows:- “THE GAUHATI HIGH COURT LEGAL SERVICES COMMITTEE (PRINCIPAL SEAT), GUWAHATI No. GHCLSC/09/2023/98 Dated Guwahati, the 19th May, 2025. From: Secretary, Gauhati High Court Legal Services Committee. To: The Secretary, Supreme Court Legal Services Committee, 108, Lawyers Chamber, Post Office Wing, Supreme Court Compound, Page No.# 7/8 New Delhi-110001 Sub:-Providing legal aid to prison Inmates by SCLSC. Sir/Madam, With reference to the subject cited above regarding legal aid to prison inmates by SCLSC, I am forwarding herewith the applications and documents of 11 (eleven) no. of prison Inmates (copy enclosed) who wants to appeal before the Hon'ble Supreme Court of India. As the matter falls under your jurisdiction, I am forwarding the same to you with a request to take necessary steps for providing legal aid/ assistance etc. to the said applicants. This is for favour of your kind consideration and necessary action. Encl. As stated above. Yours faithfully, Secretary, Gauhati High Court Legal Services Committee” 19. The letter No.GHCLSC/09/2023/98 dated 19.05.2025, issued by the Secretary, Gauhati High Court Legal Services Committee to the Secretary, Supreme Court Legal Services Committee, for providing legal aid to prison inmates and the list of cases sent, wherein the applicant’s name is at Sl. No.2, are made a part of the record and marked as Annexure-X and Y respectively. Page No.# 8/8 20. In view of the above, we are of the opinion that the issue raised herein can be raised by the applicant before the Hon’ble Supreme Court. The application is accordingly dismissed. JUDGE JUDGE Comparing Assistant