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HIGH COURT OF JUDICATURE AT ALLAHABAD
J.J.MUNIR, SANJIV KUMAR
Muskan – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
1. A short counter affidavit has been filed by Smt. Rajni Dixit, Principal, Shaheed Bhagat Singh Junior High School, Bithoor, Kanpur Nagar.
2. Another counter affidavit has been filed on behalf of Manoj Kumar Rajput, respondent no. 5, who is the detenue’s father.
3. A short counter affidavit has also been filed on behalf of the State by Mr. Deepak Mishra, learned Additional Government Advocate. It is an affidavit of one Ranveer Singh, Sub-Inspector of Police, Police Station- Chaubeypur, District- Kanpur Nagar.
4. Let all the aforesaid affidavits be taken on record and numbered by the office.
5. Learned Counsel for the petitioners waives his opportunity to file a rejoinder.
6. Accordingly, we proceed to hear the matter forthwith.
7. Heard Mr. Ved Prakash Tripathi, learned Counsel for the petitioners, Mr. Sanjay Srivastava, learned Counsel appearing on behalf of respondent no. 5 and Mr. Deepak Mishra, learned Additional Government Advocate, appearing on behalf of respondent nos. 1, 2, 3 and 4.
8. Respondent no. 6, is present in person before this Court and he too has been heard.
9. This habeas corpus writ petition has been filed by Muskan, wife of Abhishek Rajput alias Abhishek Kum
The age of a victim must be determined primarily using valid school records or certificates, with medical tests as a secondary option; unreliable documents cannot dictate age determinations.
A writ of Habeas Corpus may be issued when a detention order lacks jurisdiction or is passed mechanically, especially in cases where age determination is not substantiated as per law.
The court ruled that a Child Welfare Committee cannot rely on unverified school records for age determination when medical evidence indicates adulthood, rendering its jurisdictional order invalid.
Point of Law : For assessing the age of victim of an alleged offence or of any person alleged to be a ‘victim’ of the offence or under unlawful detention as complained in writ of habeas Corpus is nec....
The court ruled that credible primary documents are essential for age determination, emphasizing the Aadhar card's validity over school records in the absence of supporting evidence.
where it was found on enquiry that educational certificates were fabricated or manipulated, the Court could discard the date of birth as reflected therein.
The court determined that documents indicating age must be prioritized as per Juvenile Justice Act, with the accused confirmed as a juvenile based on familial ages and educational certificates.
Writ of habeas corpus – Criminal trial – Claim of juvenile – determination of age – Certain limitations to this writ and the most basic of such limitation is that the Court, before issuing any writ o....
The prosecution must prove the victim's age and the elements of the crime beyond a reasonable doubt, with evidence of consent negating charges of kidnapping and rape.
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