Judge of the Sessions Special Court for Bomb Blast cases, K. Ganesan, has referred a serial blasts case accused, M.S. Moideen Abdul Kadar (known as S.K. Moideen) to the Juvenile Justice Board for trial in charges framed against him by the Crime Branch CID – Special Investigation Team (SIT).
The petitioner was arrested first on August 5, 2005, in a triple murder case at Melappalayam. He was arrested by the CB-CID SIT in the serial blasts case on July 25, 2007, immediately after he was acquitted in the triple murder case.
The petitioner under section 49 of the Juvenile Justice (Care and Protection of Children) Act of 2000 contended that he was born on November 19, 1982. On the date of the occurrence (serial blasts of February 14, 1998), the age of the petitioner was only 15.
He pointed out that he had studied up to IV Standard in Quaid-E-Milleth Middle School at Melapalayam in Tirunelveli and cited the admission and transfer register entries and sought that he be referred to the Juvenile Justice Board.
The court directed the petitioner to undergo radiology test at Coimbatore Medical College Hospital. The medical reports maintained that the age of the accused as on date was 40 meaning that he was 25 years old on February 14, 1998.
As per Rule 12 of the Juvenile Justice (Care and Protection of Children) Rules 2007, the opinion of the medical board for determination of age was to be preferred only when a date of birth certificate from the school first attended was not available.
Relying on Rule 12 of the Juvenile Justice Rules of 2007, the court declined to take the medical opinion and relied on the admission/transfer register entries of the first school attended (registers and entries that came into existence several years ahead of the date of occurrence) and concluded that the accused was only 15 years, two months and 25 days old on February 14, 1998.
The court said the accused within the meaning of section 2 (K) was a juvenile in conflict with law and entitled to protection under the Juvenile Justice (Care and Protection of Children) Act of 2000 and referred him to the Juvenile Justice Board.
