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MANISHA BATRA
Vinod – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Mrs. Manisha Batra, J.
The petitioner herein is challenging the order dated 19.09.2019 passed by the learned Additional Sessions Judge, Palwal in case arising out of FIR No.60 dated 03.06.2019 registered under Sections 302, 366A, 376D, 201 of IPC and Section 4 of Protection of Children from Sexual Offences Act, 2012 and Section 3 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 at Police Station GRP, Faridabad, District Faridabad wherein he has been facing trial as an accused and whereby an application filed by him for declaring him as a juvenile, was dismissed.
2. The petitioner has challenged the impugned order on the ground that the same is not sustainable in the eyes of law. Learned counsel for the petitioner vehemently argued that the respondent had not been successful in negating the claim of the petitioner that he was a juvenile on the date of incident and was entitled to all the protections under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015 (For short "JJ Act, 2015"). The concerned Court committed a grave error while ignoring the entries made in the Secondary and Senior Secondary Examination S
The burden of proof for establishing juvenility lies with the claimant, and entries in Matriculation Certificates are conclusive unless contradicted by credible evidence.
(1) Claim of juvenility may be raised before any Court which shall be recognised at any stage even after final disposal of case.(2) Decision against determination of juvenility ought not to be taken ....
The date of birth in a matriculation certificate is conclusive unless credible evidence suggests otherwise, with courts favoring juvenility in borderline cases.
(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 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 determination of a juvenile's age should consider all relevant facts and circumstances of the case, emphasizing the importance of documentary evidence and the need for a just view to ensure justi....
The court emphasized that age determination in juvenile cases must primarily rely on credible documentation like birth certificates and school records, with ossification tests being a last resort in ....
The burden of proof for age determination lies with the claimant, and reliable documentary evidence is crucial. The court's interpretation of the Juvenile Justice Act, 2015, emphasizes the importance....
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