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IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
RAJENDRA KUMAR VANI
Child In Conflict With Law – Appellant
Versus
Vinod Kumar Jain – Respondent
ORDER :
RAJENDRA KUMAR VANI, J.
1. This Criminal Revision has been filed under Section 397 /401 of the Code of Criminal Procedure, 1973, against the order dated 12th July, 2024 passed by the Seventh Additional Sessions Judge, Bhind, in Criminal Revision Nos. 23/2024 & 25/2024, whereby the learned Additional Sessions Judge has remanded the matter to the JMFC, Bhind, for conducting fresh enquiry to find out as to whether accused/child in conflict with law was below 18 years of age on the date of offence or not.
2. Facts of the case, in brief, are that the accused/child in conflict- with-law was arrested by police Station Kotwali, Distt. Bhind, in connection with Crime No.138/2024 registered for the offence punishable under Section 302 of IPC and Sections 25 , 27 of the Arms Act. After arrest, accused/ child in conflict-with-law was produced before the JMFC, Bhind, treating him to be major. Before the JMFC, Bhind, an application was preferred on behalf of the accused/ child in conflict-with-law that he was below 18 years of age on the date of offence, therefore, his trial is to be conducted by the Juvenile Justice Board. The trial Court conducted enquiry and vide order dated 19.03.20
The court must conduct a comprehensive enquiry to determine age when evidence is contradictory, ensuring adherence to the Juvenile Justice Act's guidelines for juvenile claims.
The court ruled that the age determination of a juvenile must prioritize the matriculation certificate over conflicting lower school records, maintaining adherence to statutory guidelines.
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 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 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 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 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....
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