date of birth of the accused/juvenile

Section 94 (2) JJ ActAlld. In this case, Hon’ble High Court reiterated that it is settled position in law that if the matriculation or equivalent certificates are available and there is no other material evidence to create doubt on the date birth mentioned in the matriculations or equivalent certificate or genuineness of the certificate, then the date of birt h mentioned in the matriculation certificate shall be treated as date of birth of the accused/juvenile. However, if there is any doubt, further enquiry shall be made and the Board/Court shall be justified to determine the age of the accused/juvenile claimi ng juvenility, on the basis of medical opinion from a duly constituted medical board. In view of n the provision of section 94 (2) of the Act, 2015 while making enquiry for deter mining the age of an accused/juvenile who is involved in a grave and heinous offence, the Board/Court should be more careful and conscious and once the date of birth certificate from the school, or the matriculation or equivalent certificate from the concerned examination Board, if available and is proved then there was no justific ation to consider the age certificate issued by MunicipalCorporation, Moradabad for determining the age of the accused or determining the age by the medical Board. Further, Hon’ble Court held that in the present case in the school cer tificate from Class UKG to XI the date of birth of the opposite party No. 2 is recorded as 16.11.1999, therefore, undoubtedly opposite party No. 2 was juvenile on the date of incident, therefore, objection of the revisionist has no force that she is not ju venile on the date of Incident. The Court below has rightly considered the certificate issued by the Board from where the opposite party No. 2 has passed her matriculation examination in which her date of birth is recorded as 16.11.1999 and the Court below has passed the impugned order considering the provision of section 94 (2) of the Act, 2015. 

Case Law:

Abbas v. State of U.P. and another, 

Citation:

2022 (120) ACC 852 Alld. HC