Back
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble Jai Prakash Tiwari,J.
X – Appellant
Versus
State of U.P. and Another – Respondent
| Table of Content |
|---|
| 1. determination of age for juvenility based on documents (Para 2 , 3) |
| 2. arguments against the legal grounding of orders (Para 4 , 5) |
| 3. procedural errors in age determination methods (Para 6 , 9 , 10) |
| 4. judicial precedence on age determination standards (Para 7 , 8 , 11) |
| 5. reversal of previous orders and remand for fresh adjudication (Para 12 , 13 , 14) |
JUDGMENT :
JAI PRAKASH TIWARI, J.
1. Heard learned counsel for the revisionist, learned A.G.A. for the State and perused the entire material available on record.
2. This criminal revision has been filed under Section 102 of the Juvenile Justice Act, 2015 for setting aside the order dated 25.08.2025 passed by learned Special Judge (POCSO)/Additional Sessions Judge, Room No. 13, Saharanpur in Criminal Appeal No. 28 of 2025, titled X through its natural guardian/mother vs. State of U.P. and another and the order dated 19.3.2025 passed by Juvenile Justice Board, Saharanpur in Misc. Case No. 04 of 2025; arising out of Case Crime No. 475 of 2025, under Sections 103(1), 3(5) B.N.S. and Section 3/25/27 Arms Act, Police Station Rampur Maniharan, District Saharanpur, whereby the Juvenile Justice Board determined the age of the
Educational certificates must be prioritized over medical evaluations in age determination cases under the Juvenile Justice Act.
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....
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....
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....
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 burden of proof for age determination lies with the claimant, and reliable documentary evidence is crucial. The court's interpretation of the Juvenile Justice Act, 2015, emphasizes the importance....
The court's decision was influenced by the evidence from the Parivar Register and medical examination, which led to the rejection of the revisionist's claim of juvenility.
The court established that reliable documentation and the benefit of doubt in age determination favor the accused in juvenile cases.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
