Friday 15 April 2022

Whether the court can determine the age of the Juvenile based on the driving license or Voter ID card of the Juvenile?

Learned counsel for the revisionist has drawn attention of the

Court to the provisions of Section 94(2) of the Juvenile Justice

(Care and Protection of Children) Act, 2015 which reads thus :

"94 (2) In case, the Committee or the Board has reasonable

grounds for doubt regarding whether the person brought before

it is a child or not, the Committee or the Board, as the case may

be, shall undertake the process of age determination, by

seeking evidence by obtaining-

(i) the date of birth certificate from the school, or the

matriculation or equivalent certificate from the concerned

examination Board, if available; and in the absence thereof;

(ii) the birth certificate given by a corporation or a municipal

authority or a panchayat;

(iii) and only in the absence of (i) and (ii) above, age shall be

determined by an ossification test or any other latest medical

age determination test conducted on the orders of the

Committee or the Board:

Provided such age determination test conducted on the order of

the Committee or the Board shall be completed within fifteen

days from the date of such order."

Perusal of impugned order seems that the learned Special

Judge, POCSO Act has grossly erred in law while relying upon

the Learning License of the revisionist and Voter I.D. Card,

because none of these documents should be taken into account

while determining the age of a juvenile. When in the High

School Certificate the age of the revisionist is mentioned, which

is available before the learned Special Judge, POCSO Act, he

has to determine the age of the revisionist after taking into

account the High School Certificate alone, but he has not done

so and has wrongly rejected the claim of juvenality relying

upon the documents which are not categorized in the Act of

2015.

 ALLAHABAD HIGH COURT

Case :- CRIMINAL REVISION DEFECTIVE No. - 136 of

2022

Revisionist :- Naushad Ali

Opposite Party :- State Of U.P. Through Secretary Home And

Another

Coram: Hon'ble Rahul Chaturvedi,J.

Dated:  8.4.2022

Heard Shri Suresh Kumar Maurya, learned counsel for the

revisionist and learned A.G.A. Perused the record.

There is delay in filing the present revision. Learned counsel for

the revisionist submits that on account of Covid pandemic the

revisionist could not come to the Court within time specified,

therefore, delay may be condoned.

Cause shown is sufficient. The delay condonation application is

allowed and the delay in filing the revision is condoned.

By filing of the present criminal revision the revisionist is

challenging the validity and legality of order dated 07.12.2019

passed by the Special Judge, POCSO Act/Additional Sessions

Judge, Court No.3, Bulandshahar in Criminal Case No.523 of

2017, u/s 363, 366, 376, 120B, 420 I.P.C. and Section 04 of

POCSO Act, P.S.-Kakod, District-Bulandshahr, whereby

Application No.3B moved on behalf of revisionist for declaring

him to be juvenile has been rejected.

I have perused the order impugned, whereby the Application

No.3B moved by Smt. Sabra, mother of the revisionist, has

been rejected holding that on the date of incident the revisionist

was major one as his date of birth is 7.4.1994.

Learned counsel for the revisionist has drawn attention of the

Court to the provisions of Section 94(2) of the Juvenile Justice

(Care and Protection of Children) Act, 2015 which reads thus :

"94 (2) In case, the Committee or the Board has reasonable

grounds for doubt regarding whether the person brought before

it is a child or not, the Committee or the Board, as the case may

be, shall undertake the process of age determination, by

seeking evidence by obtaining-

(i) the date of birth certificate from the school, or the

matriculation or equivalent certificate from the concerned

examination Board, if available; and in the absence thereof;

(ii) the birth certificate given by a corporation or a municipal

authority or a panchayat;

(iii) and only in the absence of (i) and (ii) above, age shall be

determined by an ossification test or any other latest medical

age determination test conducted on the orders of the

Committee or the Board:

Provided such age determination test conducted on the order of

the Committee or the Board shall be completed within fifteen

days from the date of such order."

Learned counsel for the revisionist has also drawn attention of

the Court to the High School Certificate of the revisionist,

annexed as Annexure-9, whereby it is clear that the revisionist

Naushad Ali has passed the High School Examination, 2015

from the Board of High School and Intermediate Education U.P.

and in the certificate his date of birth mentioned as 4.3.2001.

Submission is that the learned Special Judge while determining

the age of revisionist has not taken into account the either of the

documents as enumerated in Section 94(2) of the Juvenile

Justice Act, 2015 and declined to declare him (revisionist)

juvenile.

Perusal of impugned order seems that the learned Special

Judge, POCSO Act has grossly erred in law while relying upon

the Learning License of the revisionist and Voter I.D. Card,

because none of these documents should be taken into account

while determining the age of a juvenile. When in the High

School Certificate the age of the revisionist is mentioned, which

is available before the learned Special Judge, POCSO Act, he

has to determine the age of the revisionist after taking into

account the High School Certificate alone, but he has not done

so and has wrongly rejected the claim of juvenality relying

upon the documents which are not categorized in the Act of

2015.

Under the circumstances, the impugned order dated 07.12.2019

passed by the Special Judge, POCSO Act/Additional Sessions

Judge, Court No.3, Bulandshahar is hereby quashed and the

matter is remanded back to learned Special Judge, POCSO

Act/Additional Sessions Judge, Court No.3, Bulandshahar with

a direction to re-consider and re-visit the entire matter once

again and decide the matter afresh, after taking into account the

High School Certificate of the revisionist and authenticating

and evaluating its genuineness, by passing a well reasoned

order on merits strictly in accordance with law within a period

of eight weeks from the production of certified copy of this

order.

With the aforesaid direction, the present revision stands

disposed off.

Order Date :- 8.4.2022



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