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DEEPAK KUMAR TIWARI
A (Juvenile in conflict with law) S/o B – Appellant
Versus
State of Chhattisgarh – Respondent
ORDER :
1. The petitioner is challenging the impugned order dated 21.6.2022 passed by the learned Additional Sessions Judge, FTSC (POCSO), Kawardha, District Kabirdham in Special Sessions Case No. 68/2022 whereby the learned trial Court has rejected the application of the petitioner for sending the case to the Juvenile Justice Board, Kawardha, District Kabirdham.
2. Facts of the case, in brief, are that the victim (a minor girl aged below 16 years) has lodged a report stating that in the intervening night of 31st January, 2022 and 1st February, 2022, when she was sleeping in her house, the applicant entered her room and committed forcible sexual intercourse with her. Based on which Crime No. 51/2022 has been registered at Police Outpost Dashranpur, District Kawardha for offence under Sections 376 (3) and 376 (2)(n) of the IPC and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (for short ‘the Act 2012’).
3. During investigation, mark-sheet of class-10th of the petitioner was seized in which his date of birth was recorded as 15.4.2003. In the mark-sheet of Middle School also, his date of birth is mentioned as 15.4.2003, which was later on corrected as 15.4
The determination of age in juvenile justice proceedings must be conducted in accordance with the procedure laid down in Section 7A of the Juvenile Justice (Care and Protection of Children) Act, 2000....
The significance of consistent school records in determining the age of a victim, as emphasized by the court and supported by relevant legal provisions and case law.
The determination of juvenility requires careful consideration of evidence, including school records, birth certificates, and medical opinion, with the burden of proof on the claimant.
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....
For age determination in juvenile cases, documentary proof outweighs medical testing, as specified in Section 94 of the Juvenile Justice Act, 2015.
The burden of proof for establishing juvenility lies with the claimant, and entries in Matriculation Certificates are conclusive unless contradicted by credible evidence.
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