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2014 Supreme(All) 2950
ALLAHABAD HIGH COURT
Arvind Kumar Tripathi (II), J.
Central Bureau of Investigation, S.P. Sc-I,C.G.O. - Appellant
Versus
Yogendra Kumar @ Bablu - Respondent
Criminal Revision No. 617 of 2013
Decided On : 22-05-2014
For the Revisionist : Bireshwar Nath, Amar Jeet Singh Rakhra
For the Opposite Party : Ajai Kumar, Sartaj Ahmad Siddiqui, Umesh Chandra
The main legal point established in the judgment is the importance of strict proof and credibility in determining a person's date of birth, especially in cases involving juvenile status. The court emphasized the need to adhere to the provisions of Section 35 of the Indian Evidence Act and the rules for age determination inquiry under the Juvenile Justice Act.
Headnote:
Juvenile Justice - Juvenile Status Determination - Juvenile Justice (Care and Protection of Children) Act, 2000 - Section 53, Section 401 Cr.P.C - Rule 12(3) of Juvenile Justice (Care and Protection of Children) Rules, 2007 - Rule 22(5) of Uttar Pradesh Juvenile Justice (Care and Protection of Children) Rules, 2004
Fact of the Case:
Yogendra Kumar @ Bablu was involved in a criminal case and his juvenile status was in question based on conflicting date of birth records. The Juvenile Justice Board rejected the application for declaring him a juvenile, but the learned Sessions Judge, Lucknow allowed the criminal appeal and declared him a juvenile. The Central Bureau of Investigation filed a criminal revision challenging this decision.
Finding of the Court:
The court found that the evidence regarding Yogendra Kumar @ Bablu's date of birth was conflicting and that the entries in the school register and matriculation certificate had been tampered with. The court concluded that the impugned order was erroneous and perverse, and remanded the matter back to the learned Sessions Judge for a fresh decision.
Issues: The key issue was the determination of Yogendra Kumar @ Bablu's juvenile status based on conflicting date of birth records and the authenticity of the evidence presented.
Ratio Decidendi: The court emphasized the importance of strict proof and credibility in determining a person's date of birth, especially in cases involving juvenile status. It highlighted the need to adhere to the provisions of Section 35 of the Indian Evidence Act and the rules for age determination inquiry under the Juvenile Justice Act.
Final Decision: The criminal revision was allowed, and the impugned order declaring Yogendra Kumar @ Bablu a juvenile was quashed. The matter was remanded back to the learned Sessions Judge for a fresh decision based on the evidence and observations made by the court.
Arvind Kumar Tripathi (II),J.: -
1. Heard Shri Amar Jeet Singh Rakhra, learned counsel for the revisionist and Shri Ajay Kumar and Shri Sartaj Ahmad Siddiqui, learned counsel for the opposite party.
2. Instant criminal revision under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as the Act) read with Section 401 Cr.P.C, has been filed by the Central Bureau of Investigation challenging the order dated 28.10.2013 passed by the learned Sessions Judge, Lucknow in Criminal Appeal No.142 of 2013 (Yogendra Kumar @ Bablu v. CBI and another) by which learned Sessions Judge, Lucknow has allowed the criminal appeal and declared Yogendra Kumar @ Bablu a juvenile, and has set aside the order passed by the Juvenile Justice Board by which application for declaring juvenile was rejected.
3. As per factual matrix of the case, Yogendra Kumar @ Bablu was involved in case crime no.19 of 2013, under Sections 396, 307, 323, 504, 332, 352 IPC and Section 7 of Criminal Law Amendments Act, Police Station Kunda, District Pratapgarh. An application was moved by the guardian of Yogendra Kumar @ Bablu with the prayer that Yogendra Kumar @ Bablu be declared juvenile on the date of occurrence i.e. 2.3.2013. The basis of claim was date of birth recorded in high school certificate issued by Madhyamik Shiksha Parishad, U.P., Allahabad, which is 18.5.1996. It was submitted that on the date of occurrence he was of 16 years 9 months and 14 days.
4. Objections were filed by the CBI against the application and it was mentioned that date of birth of Yogendra Kumar @ Bablu was 18.12.1994, and the same has been changed in the record of Dukhi Ram School, Balipur, which was run by the family of Yogendra Kumar @ Bablu. It was mentioned that Phool Chand Yadav, who is running the school, is the uncle of Yogendra Kumar @ Bablu.
5. The Juvenile Justice Board conducted the inquiry, examined Salig Ram Pal, Principal of Dukhi Ram Intermediate College, Balipur; Indresh Kumar; and Avinash Kumar and rejected the application, and held that Yogendra Kumar @ Bablu was not a juvenile on the date of occurrence. Feeling aggrieved, criminal appeal under Section 52 of the Act was filed, which was allowed vide impugned order, and Yogendra Kumar @ Bablu was declared a juvenile. Hence, this criminal revision.
6. It was submitted by the learned counsel for the CBI that Yogendra Kumar @ Bablu has completed his 10th standard education from Dukhi Ram Intermediate College. The management of this school is being run by the family of Yogendra Kumar @ Bablu. Yogendra Kumar @ Bablu has passed 5th standard and was promoted to 6th standard on 6.4.2004, and further promoted to 10th standard on 1.7.2008. He completed his 10th class in the month of March/April, 2009. Taking into account his date of birth, which is accepted by the learned Sessions Judge, Lucknow i.e. 18.5.1996, Yogendra Kumar @ Bablu was less than 12 years, when he passed class 10th. This is very unusual from a child coming from village background. It was further submitted that younger brother of Yogendra Kumar @ Bablu was born in the month of March, 1997. Thus, considering the alleged date of birth i.e. 18.5.1996 it is revealed that younger brother was born less than eight months after Yogendra Kumar @ Bablu was born. This is conclusive proof that record of school has been tampered.
7. It was further submitted that Salig Ram Pal, the Principal and Indresh Kumar, Record Clerk of Dukhi Ram Intermediate College, Balipur were examined by the Juvenile Justice Board, and both of them have testified that original date of birth of Yogendra Kumar @ Bablu was 18.12.1994, and changes in the record of school, in respect of date of birth of accused, were carried out deliberately at the time of submitting registration form for matriculation examination at the instruction of Phool Chand Yadav, Manager of school and uncle of Yogendra Kumar @ Bablu. It was further submitted that this clearly prove
