Juvenile Justice ( Care and Protection of Children) Act, 2015, Section 94(2) – Juvenile in conflict with law – Age determination – Section 94(2) of the JJ Act provides for the mode of determination of age – In the order of priorities, the date of birth certificate from the school stands at the highest pedestal whereas ossification test has been kept at the last rung to be considered, only in the absence of the criteria Nos. 1 and 2, i.e. in absence of both certificate from school and birth certificate issued by a Corporation/Municipal Authority/Panchayat – Additional District and Sessions Judge also summoned the record from the Pre-Secondary School, Dabar, Fatehpur Sikri and recorded the evidence of school officials – From these documents which are admission register and the transfer certificate, it transpired that the date of birth of the petitioner recorded in the school is 2nd July, 1960–Held that having minutely perused the inquiry report and the evidence led during the inquiry the conclusions drawn by the learned Additional District and Sessions Judge that the actual date of birth of the accused petitioner is 2nd July, 1960and the opinion of the Medical Board that estimation of age based on X-ray examination becomes uncertain after 25 years is a propos and deserves to be accepted – Find no merit in the writ petition which is dismissed as such. (Para 18 to 21)
SUPREME COURT OF INDIA
2024 STPL(Web) 147 SC
[2024 INSC 171]
Vinod Katara Vs. State Of U.P.
Writ Petition (Crl.) No(S). 121 OF 2022-Decided on 05-03-2024
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