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IN THE HIGH COURT OF JUDICATURE AT PATNA
BIBEK CHAUDHURI
Shivlal Yadav S/o Bisheshwar Yadav – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
BIBEK CHAUDHURI, J.
1. The informant of Basopatti P. S. Case No.112 of 2022, dated 31st of May, 2022, corresponding to G.R. No. 845 of 2022 (E.N. 1014 of 2023), registered for the offences punishable under Sections 302 , 201 and 120(B) of the INDIAN PENAL CODE and Section 27 of the ARMS ACT , has challenged the legality, validity and correctness of the order, dated, 20th of September, 2023, passed by the learned Additional Sessions Judge 1st cum Juvenile Justice, Madhubani in Juvenile Appeal No. 39 of 2023, holding, inter alia, that the Opposite Party No. 2 was a juvenile on the date of alleged occurrence on the basis of his matriculation certificate where his date of birth was recorded.
2. It is held by the learned Court of Appeal that when a juvenile files certificate, issued by the Bihar School Examination Board, the Juvenile Justice Board (hereinafter referred to as “JJB” for short) is under an obligation to accept the same and no enquiry is to be undertaken by the Board to ascertain his age.
3. Section 94 of the Juvenile Justice (Care and Protection of Children) Act, 2015 speaks of circumstances to be considered by the Board for presumption and determination of age of
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 date of birth in a matriculation certificate is conclusive unless credible evidence suggests otherwise, with courts favoring juvenility in borderline cases.
The main legal point established in the judgment is the admissibility of birth certificates and matriculation certificates for determining juvenility under the Juvenile Justice Act, and the reliance ....
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 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.
(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 – ....
Educational certificates must be prioritized over medical evaluations in age determination cases under the Juvenile Justice Act.
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....
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