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PRATHIBA M. SINGH, AMIT SHARMA
PHALUTA BAI – Appellant
Versus
GOVERNMENT NCT OF DELHI – Respondent
JUDGMENT :
PRATHIBA M. SINGH, J.
1. This hearing has been done through hybrid mode.
2. The present petition has been filed on behalf of the Petitioner-Phaluta Bai under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2024 (‘BNSS’) seeking issuance of a writ of habeas corpus for production of her daughter, Ms X, who is stated to be aged about 17 years.
3. It is the case of the Petitioner that her daughter went missing on 4th October, 2024. The Petitioner is stated to have approached the Police Station New Friends Colony on 18th and 19th October, 2024. However as per the Petitioner, no action was taken. Consequently, the Petitioner approached to the DCP, South-East District, with a written complaint dated 20th October, 2024. On the basis of the said written complaint, an FIR No. 0279/2024, under Section 137(2) of the Bharatiya Nyaya Sanhita, 2023 (‘BNS’) was registered on 22nd October, 2024 at P.S. New Friends Colony.
4. According to the Petitioner, the girl-Ms. ‘X’ is accompanied by one Mr. Shivank Mishra/Respondent No. 6 and the Petitioner had contacted the father of the said Mr. Shivank Mishra. In the complaint, it was alleged t
The court ruled that credible primary documents are essential for age determination, emphasizing the Aadhar card's validity over school records in the absence of supporting evidence.
The age of a victim must be determined primarily using valid school records or certificates, with medical tests as a secondary option; unreliable documents cannot dictate age determinations.
A writ of Habeas Corpus may be issued when a detention order lacks jurisdiction or is passed mechanically, especially in cases where age determination is not substantiated as per law.
Point of Law : For assessing the age of victim of an alleged offence or of any person alleged to be a ‘victim’ of the offence or under unlawful detention as complained in writ of habeas Corpus is nec....
The prosecution must prove the victim's age and the elements of the crime beyond a reasonable doubt, with evidence of consent negating charges of kidnapping and rape.
where it was found on enquiry that educational certificates were fabricated or manipulated, the Court could discard the date of birth as reflected therein.
The probative value of the school admission register and the procedure for determining the age of the accused under the relevant statutes and rules.
The court ruled that a Child Welfare Committee cannot rely on unverified school records for age determination when medical evidence indicates adulthood, rendering its jurisdictional order invalid.
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.
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