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2023 Supreme(MP) 116

VIVEK AGARWAL
Manoj Kumar Yadav – Appellant
Versus
State of M. P. – Respondent


Advocates:
Kartik Jaggi for petitioner; Manas Mani Verma, Government Advocate, for respondents/State.

ORDER

1. This criminal revision is filed by the petitioner being aggrieved of the order dated 8.4.2023 passed by the learned Special Judge (POCSO), District Jabalpur in SC ATR No.65/2020, rejecting an application filed by the petitioner herein seeking submission of original Aadhar card as a proof of date of birth of the prosecutrix, photocopy of which was already available on record.

2. In support of his contention, learned counsel for the petitioner has placed reliance on a Division Bench decision of High Court of Delhi at New Delhi in CRL.A.1444/2013 (Jabbar v. State), wherein in para 37, after referring to rule 12 of the Juvenile Justice (Care and Protection of Children) rules, 2007, it is held as under:-

''37. Rule 12 of the JJ Rules, therefore, assigns, in descending order of importance, primacy, as proof of age, to (i) the matriculation, or equivalent, certificate, (ii) the date of birth as recorded by the school first attended, and (iii) the certificate of birth, given by a Corporation, municipal authority, or panchayat. No specified format, for these certificates, is prescribed in the said rules. The Aadhar Card, being a document issued by the Government of India is, in our

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