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SUBHASH CHANDRA SHARMA
X- Juvenile – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Subhash Chandra Sharma, J.
Heard Sri. Amit Kumar Dixit, learned counsel for revisionist, Sri. Sanjeev Kumar Saxena, learned counsel for opposite party no. 2 as well as learned A.G.A. and perused the record.
2. The present criminal revision has been preferred by the revisionist through her father under Section 102 of the Juvenile Justice (Care and Protection) Act-2015 (hereinafter referred to as "J.J. Act, 2015) to allow the present revision and set aside the judgment and order dated 24.11.2022 passed by learned Additional Session Judge/Special Judge (POCSO Act), Banda in Criminal Appeal No. 29 of 2022 as well as order dated 28.09.2022 passed by Juvenile Justice Board, Banda in Case Crime No. 161 of 2022 under Sections 376 , 504, 506 IPC. and Section 4 Protection of Child From Sexual Offence Act, Police Station Girvan, District Banda.
3. Fact in brief are that the revisionist is victim and rape was committed with her by the opposite party no.2. The accused was declared to be juvenile by the learned J.J. Board vide order dated 28.09.2022 on the basis of academic record from class 1st to class 10th. During the course of inquiry the revisionist/victim filed previous academic re
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 main legal point established in the judgment is the significance of the date of birth recorded in the first attending school for determining the age of a child under the Juvenile Justice Act.
The court established that reliable documentation and the benefit of doubt in age determination favor the accused in juvenile cases.
The main legal point established in the judgment is the significance of reliable documents in age determination and the limited relevance of ossification test reports as per Section 94(2)(iii) of the....
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.
Educational certificates must be prioritized over medical evaluations in age determination cases under the Juvenile Justice Act.
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