Issue for consideration
The question which arise for determination is whether the appellant was a juvenile at the time of commission of offence. Juvenile Justice (Care and Protection of Children) Rules, 2007 – r. 12(3)(b) – Benefit of juvenility – Procedure to be followed in determination of age – When exact assessment of the age cannot be done: Held: Age of a juvenile has to be determined on the basis of the date of the alleged commission of the crime – In a case of juvenility where two views are possible, a liberal approach should be undertaken – Furthermore, as per sub-rule (3)(b) of r. 12, in the case exact assessment of the age cannot be done, the Court or the Board or, the committee for the reasons to be recorded by them, may, if considered necessary give benefit to the child or juvenile by considering his/her age on lower side within the margin of one year – On facts, as regards the appellant involved in a crime u/s. 302, 307/34 IPC there were some conflicting aspects as to the age of the appellant, the margin of age was so thin – As per r. 12, the school certificates are given more importance than a Panchayat Register, as such the School leaving certificate of the first school attended by the appellant would be a certificate liable to be considered and is a valid proof of evidence for determination of the age of the appellant, whereby his age was less than 16 years when the offence was committed – Second certificate is the medical report, Bone Ossification Test which shows that he was about 19 years of age, which is not entirely accurate – Even if the medical report which shows the age of the appellant as 19 years is taken to be correct even then an exact assessment of age was not possible – Considering the conflicting reports and documents, as per sub rule 3(b) of r. 12, the Court ought to have given the appellant a benefit of one year – Thus, the report of the Additional Sessions Judge is accepted and it is declared that the appellant was a juvenile on the date of the commission of crime – Since the appellant has been detained beyond the maximum period, he is directed to be released forthwith – Juvenile Justice (Care and Protection of Children) Act, 2000 – ss. 15, 16. [Para 26, 30-34] LIST OF CITATIONS AND OTHER REFERENCES
As published in the Supreme Court Reports, Supreme Court of India.
Text from the Indian Supreme Court Judgments open data set (Dattam Labs),
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