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JYOTSNA SHARMA
Juvenile X – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Jyotsna Sharma, J.
1. Heard Sri Nafees Ahmad, learned counsel for the revisionist and Sri Rishabh Kumar Pandey, holding brief of Sri Santosh Kumar Pandey, learned counsel for the opposite party no. 2 and learned A.G.A. for the State and perused the record.
2. By means of this criminal revision, the revisionist has challenged an order dated 01.10.2022, passed by learned Sessions Judge/Special Judge (POCSO Act)/Children Court, District Meerut in Criminal Appeal No. 128 of 2022 arising out of case crime no. 55 of 2022 under sections 147, 148, 149, 323/34, 302, 504, 395 and 412 IPC, whereby the order dated 27.08.2022 passed by the Juvenile Justice Board, holding him as adult has been confirmed and the Criminal Appeal No. 118 of 2022, preferred by the juvenile has been dismissed.
3. The relevant facts are as below:-
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....
Section 7A(1) is to mention here as procedure to be followed when claim of juvenility is raised before any court.
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....
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.
Educational certificates must be prioritized over medical evaluations in age determination cases under the Juvenile Justice Act.
The court must conduct a comprehensive enquiry to determine age when evidence is contradictory, ensuring adherence to the Juvenile Justice Act's guidelines for juvenile claims.
The court reaffirmed that age determination for juveniles must rely on credible documents, prioritizing educational certificates over voter lists.
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....
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