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SUBHASH CHAND
Nakul Turi, son of Suraj Turi – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
(Subhash Chand, J.)
The instant criminal revision is on behalf of petitioners Nakul Turi and Vikash Turi against the order dated 06.10.2020 passed by the learned Additional Sessions Judge-VIII, Deoghar in Criminal Miscellaneous Case No.448 of 2019, arising out of S.T. No. 121 of 2019 whereby the application under section 7A of the Juvenile Justice (Care and Protection of Children) Act, 2000, in terms of section 9(2) of the Juvenile Justice (Care and Protection of Children) Amendment Act, 2015 has been rejected by the learned court below in connection with Madhupur P.S. Case No.342 of 2018 for the offence under sections 341, 323, 504, 302/34 of the Indian Penal Code (hereinafter referred to as 'IPC') pending before the learned court of Additional Sessions Judge-VI, Deoghar.
2. The brief facts of the prosecution case leading to this criminal revision are that the informant Shital Kole gave the written information with the police station concerned with these allegations that on 07.11.2018 at 12:30 in the day time, some persons were gambling (Jua) adjoining to her house. The women were also taking bath at the nearby handpump. At the same time, the brother of the informant Sar
The main legal point established is the reliance on authentic documentary evidence, such as matriculation or equivalent certificates, and medical evidence for determining juvenility under the Juvenil....
The main legal point established in this judgment is that in the absence of authentic school certificates, medical evidence should be relied upon to determine the age of a juvenile. Matriculation or ....
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.
The court ruled that the age determination of a juvenile must prioritize the matriculation certificate over conflicting lower school records, maintaining adherence to statutory guidelines.
The court's decision was influenced by the evidence from the Parivar Register and medical examination, which led to the rejection of the revisionist's claim of juvenility.
The main legal point established in the judgment is the priority given to the date of birth mentioned in educational documents for determining the age of a juvenile, as per the provisions of the Juve....
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