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SATYENDRA KUMAR SINGH
SHRIRAM S/o BEERAM RAWAT – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent
ORDER : – This criminal revision under section 397 read with 401 of Criminal Procedure Code has been preferred against the order dated 28-5-2021 passed by the Court of 2nd Additional Special Judge, Mandsaur in Special S.T. No. 42/2020, whereby the applicant’s application filed under section 94 of Juvenile Justice (Care and Protection of Children) Act, 2015 (in short JJ Act, 2015) for transferring his case to Juvenile Justice Board for trial was rejected.
2. Facts giving rise to this revision petition are that on 10-10-2020, the applicant along with other co-accused persons was found to have 60 kg of poppy straw in their illegal possession and is facing criminal trial in Special S.T. No. 42/2020 for the offences punishable under section 8(c)/15(c) of NDPS Act. In the said case, a charge-sheet was filed on 16-12-2020, and charges were framed on 18-3-2021, against the applicant and other co-accused persons, but till then applicant was not represented by any counsel, and on 17-5-2021, the first time his counsel appeared and filed his vakalatnama and found applicant’s age below 18 years. Then, on 18-5-2021, he moved an application under section 94 of the JJ Act, 2015 before the trial Co
The main legal point established is that a claim of juvenility can be raised at any stage of a criminal proceeding, and the burden is on the person raising the claim to satisfy the Court. The Court e....
The determination of juvenility requires careful consideration of evidence, including school records, birth certificates, and medical opinion, with the burden of proof on the claimant.
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....
(1) Claim of juvenility may be raised before any Court which shall be recognised at any stage even after final disposal of case.(2) Decision against determination of juvenility ought not to be taken ....
A court must conduct an inquiry into the age of an accused claiming juvenility before making a decision, as per the Juvenile Justice Act.
The main legal point established in the judgment is the importance of following the prescribed procedure for determining juvenility under the Juvenile Justice Act, including the specific inquiry proc....
The date of birth in a matriculation certificate is conclusive unless credible evidence suggests otherwise, with courts favoring juvenility in borderline cases.
The main legal point established in the judgment is the priority given to the date of birth mentioned in educational documents for determining the age of a juvenile, as per the provisions of the Juve....
The medical evidence should not be treated as conclusive proof of age, and the court should seek additional evidence, such as school records and documentary evidence, to arrive at the right conclusio....
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