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SANJAY KUMAR PACHORI
Sheelendra @ Rinku (Juvenile 'X') – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Sanjay Kumar Pachori, J.
Heard Sri Hari Prakash Mishra, learned counsel for the revisionist and Sri Nagendra Singh, learned brief holder for the State. Despite service of notice upon opposite party No. 2, none has appeared.
2. The present criminal revision has been preferred to set aside the judgment and order dated 25.7.2022 passed by Sessions Judge, Etah in Criminal Appeal No. 47 of 2022 by which the appellate Court allowed the criminal appeal and set aside the order dated 1.6.2022 passed by Juvenile Justice Board, Etah in Criminal Misc. Case No. 94 of 2021 arising out of Case Crime No. 525 of 2021, under Section 376 (3), 506 IPC and 3/4 POCSO Act, whereby the Juvenile Justice Board declared the revisionist.
3. Before the Juvenile Justice Board the opposite party No. 2 filed his objection, alleging that as per voter list the revisionist was 25 years old and the Investigating Officer recorded that the revisionist was 22 years old on 19.11.2020.
4. The appellate Court observed that the educational certificate of the revisionist is not a reliable document and on the basis of computerised ration card of the revisionist, final voter list of Panchayat year 2021 and as per stateme
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....
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.
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.
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....
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