Andhra Pradesh High Court slams police after teen boy sent to jail in theft case

Referring to the evidence before it, the bench noted that it was the duty of police officials to verify the exact date of birth. “While it is the duty of the respondent-police officials to verify the exact date of birth of the petitioner’s son with reference to the material obtained by them, this Court, is at loss to understand as to how the date of birth, which is even otherwise clearly visible from the material filed before this Court along with the writ petition was found to be not clear to concerned police,” the court said.

According to the boy’s father, six persons came to his house and without disclosing their identity, took his son with them. The father alleged that the local police then registered a case against the boy on charges of theft and his son was produced before a magistrate court on August 19 along with the other accused persons and his son was remanded to judicial custody till September 1 at Central Prison, Rajamahendravaram.

Justices Ninala Jayasurya and T.C.D. Sekhar allowed the plea filed by the boy’s father and also imposed costs of Rs 10,000 on the Station House Officer.

Juvenile sent to central prison

The father alleged that although Aadhaar details were provided to the police, the portion concerning the boy’s date of birth was removed or obscured and his age was represented as 19 years before the magistrate.

It was argued that, as a child in conflict with law, he ought to have been dealt with under the Juvenile Justice (Care and Protection of Children) Act, 2015, and that the Juvenile Justice Board was the competent authority.

The police, however, argued that neither the father nor the boy had disclosed the correct date of birth at the time of arrest. They submitted that the Aadhaar details received by them were blurred, particularly the last digit of the year of birth, and that the police were under the impression that the boy was born in 2006.

During the hearing, the respondents’ counsel conceded that the material showed the boy’s date of birth was September 12, 2008, and not September 12, 2006. The court thus held that the remand order directing the petitioner’s son to judicial custody was illegal, unsustainable as also without jurisdiction.

The court set aside the remand order insofar as it concerned him, describing it as “illegal and unsustainable” and without jurisdiction. It directed that he be released forthwith, while clarifying that the authorities could proceed against him in accordance with the Juvenile Justice Act. The court directed the Superintendent of Central Jail, Rajamahendravaram, to take immediate steps to release the boy.

Finding it a fit case for imposing costs, the bench directed the SHO of the local police station to personally pay Rs 10,000 to the Andhra Pradesh High Court Legal Services Committee, Amaravati, within one week.