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RAM MANOHAR NARAYAN MISHRA
Akhilesh – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. grounds for appeal regarding juvenility determination. (Para 4 , 6 , 9) |
| 2. facts regarding the appellant's claim of juvenility based on conflicting birth dates. (Para 7) |
| 3. arguments against rejection of juvenility. (Para 10 , 11) |
| 4. the state's response and justification for the major declaration. (Para 12 , 13 , 14) |
| 5. arguments presented regarding the validity and implications of age determination. (Para 18) |
| 6. legal observations on the weight of evidence concerning age determination. (Para 20) |
| 7. analysis of age determination rules in accordance with legal precedents. (Para 22 , 25 , 28) |
| 8. final ruling affirming juvenility based on law. (Para 30 , 31 , 32) |
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 o
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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