IMPORTANT POINTS:
Rule 22(5) of the 2001 Rules, which prevailed during the relevant time reads as under:
“22(5). In every case concerning a juvenile or a child, the Board shall either obtain, -
(i) a birth certificate given by a corporation or a municipal authority;
(ii) a date of birth certificate from the school first attended; or
(iii) matriculation or equivalent certificates, if available; and
(iv) in the absence of (i) to (iii) above, the medical opinion by a duly constituted Medical Board, subject to a margin of one year, in deserving cases for the reasons to be recorded by such Medical Board, regarding his age; and, when passing orders in such case shall, after taking into consideration such evidence as may be available or the medical opinion, as the case may be, record a finding in respect of his age.

Shaffique, J.

This is an application filed by the first appellant/accused seeking suspension of sentence. The petitioner is the first accused in Sessions Case No.129/2015 of the Court of Sessions, Palakkad. By judgment dated 11/4/2019, petitioner along with another accused had been convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs.4,00,000/-each with default sentence of rigorous imprisonment for four years each for the offence punishable u/s 302 r/w S.34 of I.P.C. They are also sentenced to undergo rigorous imprisonment for 10 years each for the offence u/s 397 r/w S.34 of I.P.C. While seeking for suspension of sentence, the petitioner had produced a birth certificate as Annexure A thereby indicating that he was born on 29/11/1992 and as on the date of commission of offence, i.e., on 2/6/2010, the petitioner was a juvenile as he has not completed the age of 18 years. It is therefore contended that the entire trial process including the conviction and sentence imposed on the petitioner is vitiated and the judgment is non est in law and he is entitled to have the conviction and sentence imposed against him dislodged. Though several other grounds had also been indicated in the application, no other grounds were urged by the counsel for the appellant. Annexure A apparently is a birth certificate issued by the Secretary, Registrar of Birth and Death, Pallassana Grama Panchayat. The date of birth of one Abilash whose mother's name is Kumari and father's name is Balasubramanian having their address at Kollanpotta, Pallassana is stated to be on 29/11/1992. The date of registration was 2/12/1992.

2. The Public Prosecutor has filed an objection inter alia producing a report from the Inspector of Police, Town Police Station. The certified extract of the birth certificate is also produced as Annexure II(a). It is however contended that as per the admission register received from the Headmistress of ALP School, Pallassana, the date of birth of the petitioner is recorded as 30/5/1992. The extract of admission register from V.I.M.H.S.S, Pallassana is also produced which indicates that the date of birth of Abhilash B., is 30/5/1992. The election ID and aadhaar card of the petitioner also indicate the date of birth as 30/5/1992. The learned Public Prosecutor therefore argued that in the light of the judgment of the Apex Court in Jarnail Singh v. State of Haryana [(2013) 7 SCC 263], the age of juvenile has to be determined primarily on the basis of the school records and only if such documents are not available, other broader proof including the birth certificate need be considered. In Jarnail Singh (supra), the Apex Court observed that for determining the age of a minor, only a reference to Rule 12 of Juvenile Justice (Care and Protection of Children) Rules, 2007 is required. Paragraphs 22 and 23 are relevant which reads as under;

“22. On the issue of determination of age of a minor, one only needs to make a reference to Rule 12 of the Juvenile Justice (Care and Protection of Children) Rules, 2007 (hereinafter referred to as “the 2007 Rules”). The aforestated 2007 Rules have been framed under Section 68(1) of the Juvenile Justice (Care and Protection of Children) Act, 2000. Rule 12 referred to hereinabove reads as under:

“12. Procedure to be followed in determination of age.-(1) In every case concerning a child or a juvenile in conflict with law, the court or the Board or as the case may be, the Committee referred to in Rule 19 of these Rules shall determine the age of such juvenile or child or a juvenile in conflict with law within a period of thirty days from the date of making of the application for that purpose.

(2) The court or the Board or as the case may be the Committee shall decide the juvenility or otherwise of the juvenile or the child or as the case may be the juvenile in conflict with law, prima facie on the basis of physical appearance or documents, if available, and send him to the observation ho