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RAM MANOHAR NARAYAN MISHRA
Akhilesh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Ram Manohar Narayan Mishra, J.
Learned counsel for the revisionist and learned A.G.A. for the State-respondent are present.
2. None appeared on behalf of respondent No.2.
3. Notice has been served on respondent Nos. 1. Notice has also been served upon respondent No.2, through A.G.A. as well as C.J.M. concerned.
4. The instant Criminal Revision has been preferred by the revisionist/accused against the judgment and order dated 04.12.2020 passed by learned Session Judge, Maharajganj in Criminal Appeal No.32 of 2019 Smt. Kumari @ Phul Kumari v. State of U.P. and another, whereby the order dated 03.04.2015 of Juvenile Justice Board, Maharajganj, District Maharajganj has been set-aside and the application of the revisionist for declaration of his juvenility is rejected. The accused has been declared as major on the date of incident dated 01.02.2014. Ramakant, father of the revisionist is deponent in present revision.
5. Heard learned counsel for the revisionist as well as learned A.G.A. appearing for the State and perused the material available on record.
6. The factual matrix of the case in brief are that First Information Report dated 22.03.2014 was lodged at the instance of mo
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 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 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 date of birth in a matriculation certificate is conclusive unless credible evidence suggests otherwise, with courts favoring juvenility in borderline cases.
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