Back
SANDEEP KUMAR
Deepu Kumar @ Dipu Ray, S/o Uttamk Ray – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
Sandeep Kumar, J.
In this criminal revision, the petitioner is challenging the judgment and order dated 13.02.2024 passed by the learned 1st Additional Sessions Judge-cum-Children Court, Saran at Chapra in Criminal (Juvenile) Appeal No.01 of 2024, by which he has allowed the appeal filed by the opposite party no.2 and set aside the order dated 10.11.2023 passed by the learned Juvenile Justice Board, Saran at Chapra, in Juvenile Justice Board Inquiry No.2197 of 2022 whereby and where-under the Juvenile Justice Board has declared the petitioner as juvenile on the date of alleged offence.
2. The facts of the present case are that the petitioner is an accused of Baniyapur P.S. Case No.372 of 2020 registered for the offence under sections 341, 342, 323, 324, 307, 302, 506/34 of the Indian Penal Code. In the aforesaid F.I.R. allegation against the petitioner and other accused persons is that they have killed the husband of the informant.
3. During the pendency of the case, the petitioner filed an application claiming to be a juvenile on the date of the alleged incident under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015. The Juvenile Justice Bo
The date of birth in a matriculation certificate is conclusive unless credible evidence suggests otherwise, with courts favoring juvenility in borderline cases.
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 court ruled that the age determination of a juvenile must prioritize the matriculation certificate over conflicting lower school records, maintaining adherence to statutory guidelines.
(1) Claim of juvenility may be raised at any stage of a criminal proceeding, even after final disposal of case – Delay in raising claim of juvenility cannot be a ground for rejection of such claim – ....
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 court ruled that a matriculation certificate cannot be conclusively accepted for age determination when authenticity is disputed, allowing for alternative verification including ossification test....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
