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CHANDRA SHEKHAR JHA
Suraj Kumar Singh @ Suraj Singh @ Surja – Appellant
Versus
State of Bihar – Respondent
Chandra Shekhar Jha, J. – Heard learned counsel appearing on behalf of the parties.
2. This Criminal Revision Petition has been filed against the order dated 08.01.2021 passed by the Learned Juvenile Justice Board, Saran, in Sessions Trial No. 43/2021 whereby and whereunder the revisionist/petitioner was declared to be a major on the date of occurrence (20.08.2019) and his age was assessed as 18 years 7 months 19 days on the date of occurrence.
3. It is submitted by learned counsel appearing on behalf of the petitioner that on the date of incident, which took place on 20.08.2019, the petitioner was minor as his date of birth appears from his school leaving certificate is 15.03.2002, which was issued by D.B.I. Public School, on 03.04.2013. It is also submitted that the school transfer certificate issued by the Education Department, Government of Bihar, dated 01.12.2015 is also showing the date of birth of petitioner as 15.03.2002 and as such, on the date of occurrence, the age of petitioner was of 17 years and 5 months.
4. It is further submitted that interestingly, the petitioner has declared juvenile by J.J.B. Board, Saran, in Darauda P.S. Case No. 188 of 2019 of District- Siwan, whe
The court can rely on evidence, including radiological tests, to determine a person's age and may reject a claim of juvenility based on contradictory claims and evidence.
The determination of a juvenile's age should consider all relevant facts and circumstances of the case, emphasizing the importance of documentary evidence and the need for a just view to ensure justi....
The main legal point established in the judgment is the significance of documentary evidence, such as school certificates, in determining juvenility, and the need for a careful and conscious approach....
The court determined that documents indicating age must be prioritized as per Juvenile Justice Act, with the accused confirmed as a juvenile based on familial ages and educational certificates.
The court emphasized that age determination in juvenile cases must primarily rely on credible documentation like birth certificates and school records, with ossification tests being a last resort in ....
The burden of proof for age determination lies with the claimant, and reliable documentary evidence is crucial. The court's interpretation of the Juvenile Justice Act, 2015, emphasizes the importance....
The medical evidence should not be treated as conclusive proof of age, and the court should seek additional evidence, such as school records and documentary evidence, to arrive at the right conclusio....
The main legal point established is that a claim of juvenility can be raised at any stage of a criminal proceeding, and the burden is on the person raising the claim to satisfy the Court. The Court e....
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