SUPREME COURT OF INDIA
SARUN KUMAR @ LAKHUA @ LAKHUA RAI – Appellant
Versus
THE STATE OF BIHAR – Respondent
1. Heard Mr. Prabhat Ranjan Raj, learned counsel appearing for the petitioner. The State of Bihar is represented by Mr. Shivam Singh, learned counsel.
2. The petitioner was convicted by the trial court and his conviction was upheld by the Division Bench of the High Court on 24.08.2018. However, the petitioner who is in jail, has raised a plea of juvenility on the date of the incident in the year 2010.
3. In support of the above claim, the petitioner relies on the Digitally signed by NITIN TALREJA Date: 2024.04.13 12:46:03 IST Reason:
4. However, determination of age on a claim of juvenility is to Justice (Care and Protection of Children) Act, 2015 (for short, the “Act”) and more particularly, Section 94(2)(i)(ii).
5. Interpreting the above provisions of the Act and specifically, the Section 94(2)(i) and Section 94 (2)(ii), this Court in P. Yuvaprakash v. State represented by Inspector of Police reported in 2023 (10) SCALE 136 (Neutral Citation – 2023 INSC 626) has specifically held that extracts of the admission register are not what the Section 91(2) mandates.
6.
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