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SUBHASH VIDYARTHI
Sandeep Kumar – Appellant
Versus
State – Respondent
JUDGMENT :
Heard Sri Ajay Kumar, the learned counsel for the revisionist, Sri Anurag Verma, the learned AGA-I for the State and Sri Santosh Kumar Tripathi, the learned counsel for the opposite party no. 2.
2. By means of the instant revision filed under Section 397/401 Cr.P.C., the revisionist has challenged validity of an order dated 01.12.2020 passed by the Additional Session Judge/Special Judge POCSO Act, Lucknow in Criminal Appeal No. 251 of 2020 whereby the appeal was allowed, the order dated 09.10.2020 passed by the Juvenile Justice Board in Misc. Case No. 11/2020 arising out of Case Crime No. 2013 of 2015, under Section 302/120B IPC, Police Station Chinhat, Lucknow, was set aside and the matter was remitted to the Juvenile Justice Board to decide the age of the delinquent on the basis of his date of birth mentioned in his educational certificate, unless the same is not believable for any cogent reason, in accordance with the provision contained in Section 94 of the Juvenile Justice Act, 2015. The revisionist has also challenged validity of the order dated 22.12.2020 passed by the Juvenile Justice Board in the aforesaid case deciding the claim of juvenility of the accused in fu
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 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 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.
Educational certificates must be prioritized over medical evaluations in age determination cases under the Juvenile Justice Act.
The determination of juvenility relies on the authenticity of the first academic records unless clear evidence of manipulation is presented, reinforcing the priority of academic documentation over la....
The medical evidence should not be treated as conclusive proof of age, and the court should seek additional evidence, such as school records and documentary evidence, to arrive at the right conclusio....
The main legal point established in the judgment is the significance of documentary evidence, such as school certificates, in determining juvenility, and the need for a careful and conscious approach....
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 ....
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