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SUBHASH CHAND
Mukesh Kumar Singh @ Mukesh Singh S/o Late Kishor Singh – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
SUBHASH CHAND, J.
1. This Criminal Revision has been preferred against the impugned order dated 09.02.2023 passed by the learned A.J.C.-IV-cum-Special Judge POCSO, Ranchi in POCSO Case No. 59 of 2022 in connection with Angara P.S. Case No. 84 of 2021, whereby the prayer for declaring the petitioner juvenile, had been rejected.
2. The brief facts leading to this Criminal Revision are that the FIR was lodged by the victim herself with these allegations that about five months ago she came in contact with Mukesh Singh at the time of grazing the goats. Thereafter, love affairs developed between them and several times petitioner established physical relation with the victim. He also took her at several places and also took her to his house Baijnath Tata. On 19.09.2021, after pouring kerosene over her body set her ablaze, whereby she was burnt Mukesh Singh and his mother Leela Devi had set her ablaze. On hearing her screaming, the persons of the locality attracted there. Her mother also came there and she was taken to RIMS hospital by her mother with the help of people of village and admitted in RIMS Hospital, after being recovered, she gave the written information with the police
The court ruled that age determination for juveniles must consider all available evidence, allowing a margin of error in ossification tests, ultimately declaring the petitioner juvenile.
The main legal point established in the judgment is that the determination of a person's age, especially in cases involving the Juvenile Justice Act and the POCSO Act, should be based on credible and....
Educational certificates must be prioritized over medical evaluations in age determination cases under the Juvenile Justice Act.
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.
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.
Point of Law : Scope Of Revisional Jurisdiction -.CR.P.C makes provision for the High Court to exercise its Revisional Jurisdiction in furtherance of any proceeding before any inferior Criminal Court....
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.
(1) Claim of juvenility may be raised at any stage of a criminal proceeding, even after final disposal of case – Delay in raising claim of juvenility cannot be a ground for rejection of such claim – ....
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.
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