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2021 Supreme(Raj) 872

PUSHPENDRA SINGH BHATI
Firoj Khan – Appellant
Versus
State – Respondent


Advocates appeared:
Mr. Suryadeep Bishnoi, for the Appellant; Mr. Farzand Ali, Mr. Gaurav Singh, PP, for the Respondent.

JUDGMENT

1. In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court.

2. Counsel for the petitioner has shown mark-sheet of Secondary Examination, 2016 issued by Board of Secondary Education, Rajasthan whereby date of birth of petitioner is reflected as 04.08.2002. Counsel for the petitioner submits that on going into details of medical test and other documents, learned trial court concluded date of birth to be 04.8.2000. Counsel for the petitioner has further drawn attention of this Court to Section 94 Juvenile Justice (Care and Protection of Children) Act, 2015, which reads as follows: -

    94. Presumption and determination of age - (I) Where, it is obvious to the Committee or the Board, based on the appearance of the person brought before it under any of the provisions of this Act (other than for the purpose of giving evidence) that the said person is a child, the Committee or the Board shall record such observation stating the age of the child as nearly as may be and proceed with the inquiry under section 14 or section 36, as the case may be, without waiting for further confirmation of the age.

(2) In case, the Committee or the Board has rea

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