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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
SAURABH LAVANIA
Master X, Thru. His Father – Appellant
Versus
State Of U.P. – Respondent
ORDER :
SAURABH LAVANIA, J.
1. Heard Shri Manoj Kumar Singh, learned counsel for the revisionist; Shri Badrul Hasan, learned A.G.A. for the State, and above named counsel of opposite party nos. 2 and 3.
2. The present criminal revision, under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (in short "Act of 2015"), has been filed challenging the order dated 25.07.2025 passed by the Additional Sessions Judge/Special Judge (POCSO Act), Bahraich (in short "Appellate Court"), in Criminal Appeal No. 52 of 2025 ( Rajneesh Kumar and Another Vs. State of U.P. and Others ).
3. Vide order dated 25.07.2025, the Appellate Court interfered in the order date 27.05.2025 passed by the Juvenile Justice Board, Bahraich (in short "JJB") in Case No. 124/12/2024 ( State Vs. Aslam ), arising out of Case Crime No. 626 of 2024, under Sections 109 , 352, 351(3), 3(5) of BNS , Police Station- Motipur, District- Bahraich.
4. Vide order dated 27.05.2025, the JJB, based upon the date of birth indicated in the birth certificate i.e. 02.08.2010, held that on the date of incident, i.e. 12.12.2024 the accused-juvenile was aged about 14 years, 4 months, and 10 days. The relevant portion o
The court emphasized that age determination in juvenile cases must primarily rely on credible documentation like birth certificates and school records, with ossification tests being a last resort in ....
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 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....
Educational certificates must be prioritized over medical evaluations in age determination cases under the Juvenile Justice Act.
The date of birth in a matriculation certificate is conclusive unless credible evidence suggests otherwise, with courts favoring juvenility in borderline cases.
(1) Claim of juvenility may be raised at any stage of a criminal proceeding, even after final disposal of case – Delay in raising claim of juvenility cannot be a ground for rejection of such claim – ....
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....
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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