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RAJEEV RANJAN PRASAD
Anita Devi W/o Shyam Babu Sharma – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
RAJEEV RANJAN PRASAD, J.
1. Heard learned counsel for the petitioner and learned counsel for the opposite party no. 2.
2. This revision application has been preferred for setting aside the judgment dated 27th September, 2022 passed by learned 1st Additional Sessions Judge-cum-Children Court, Saran at Chapra in Criminal (Juvenile) Appeal No. 24 of 2022 arising out of the order dated 10.05.2022 passed by learned Juvenile Justice Board, Saran at Chapra (hereinafter referred to as the ‘Board’) in Juvenile Inquiry Case No. 1838 of 2022. The Juvenile Inquiry arose out of Kopa P.S. Case No. 72 of 2022 registered for the offences alleged under Sections 302, 201 and 34 of the Indian Penal Code (hereinafter referred to as the ‘IPC’). The learned Appellate Court has refused to interfere with the order dated 10.05.2022 passed by the Board determining the age of the opposite party no. 2 as 16 years 4 months on the alleged date of occurrence.
3. It appears from the pleadings available on the record that the opposite party no. 2 has been apprehended on 03.05.2022 for his alleged involvement in the commission of murder of one Aman Sharma. The opposite party no. 2 was produced before the Boa
The court reaffirmed that age determination in juvenile cases must rely on credible documents such as school certificates, and the absence of contradictory evidence undermines challenges to such dete....
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 importance of genuine and convincing documents for age determination in juvenile cases.
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 juvenility relies on the authenticity of the first academic records unless clear evidence of manipulation is presented, reinforcing the priority of academic documentation over la....
The court ruled that a matriculation certificate cannot be conclusively accepted for age determination when authenticity is disputed, allowing for alternative verification including ossification test....
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....
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