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A. GUNESHWAR SHARMA
Thoudam Michael Singh – Appellant
Versus
State of Manipur Represented By The Principal Secretary/ Commissioner (home), Government of Manipur – Respondent
| Table of Content |
|---|
| 1. juvenile justice act application (Para 1 , 2 , 3) |
| 2. background of the accused and age determination (Para 4) |
| 3. testimonies regarding age (Para 5 , 6) |
| 4. medical examination findings (Para 7) |
| 5. compliance with legal documents (Para 8 , 9 , 10) |
| 6. arguments on the rejection of documents (Para 11 , 12 , 13) |
| 7. legal standards and case laws on juvenility (Para 14 , 15 , 17 , 19) |
| 8. court's decision on the case (Para 20 , 21) |
| 9. final ruling directing the transfer of proceedings to the juvenile justice board. (Para 22) |
JUDGMENT ORDER (CAV)
A. Guneshwar Sharma, J. - The present Cril.Rev.Petition is filed by the petitioner/accused under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (in short JJ Act) for setting aside the impugned order dated 31.03.2023 passed by the Ld. Fast Track Special Court No.1, Manipur in Cril. Misc. Case No.39 of 2021. By the impugned order, the learned Special Court FTSC No.1, Manipur held that the petitioner/accused was not below the age of 18 years at the relevant time of the incident. The petitioner filed Cril. Misc. Case No.39 of 2021 before the FTSC No.1, Manipur under Section 9 of the Juvenile Justice (Care and P
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.
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 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.
(1) Claim of juvenility may be raised at any stage of a criminal proceeding, even after final disposal of case – Delay in raising claim of juvenility cannot be a ground for rejection of such claim – ....
Educational certificates must be prioritized over medical evaluations in age determination cases under the Juvenile Justice Act.
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 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....
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