NDLI: Sanjeev Kumar Gupta Vs. The State of Uttar Pradesh and Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	JJ Act s.7A Claim for juvenility
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Penal Code (45 of 1860) Juvenile Justice (care and Protection of Children) Act, 2000 (56 of 2000)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Juvenile Justice (Care and Protection of Children) Act, 2000: s.7A – Prosecution case was that son of the complainant was murdered after a demand for ransom – Second respondent was arrested during the course of investigation – Claim for juvenility under 2000 Act – Basis was matriculation certificate issued by CBSE – When matter travelled upto Juvenile Justice Board (JJB), the claim of juvenility was rejected – JJB also observed that while obtaining a driving license and an Aadhaar card, second respondent had declared his date of birth as 17.12.1995 and on that basis he was not juvenile on the date of incident – On revision, High Court allowed the claim of juvenility on the ground that matriculation certificate issued by CBSE would have to be given precedence over any other evidence of the date of birth by virtue of r.12(3)(a) – Appeal by complainant – Held: Cl. (a) of r.12(3) provides that for the purpose of seeking evidence in the enquiry, the documents that have to be obtained are matriculation or equivalent certificate, if available; and in its absence date of birth certificate from the school first attended; and in its absence, birth certificate given by a corporation, municipal authority or panchayat – Thus, cl. (a) of r.12(3) contains a hierarchical ordering, evident from the use of the language “in the absence whereof” – This indicates that a matriculation or equivalent certificate is given precedence – In the instant case, the date of birth which was forwarded in the roll of students of the school where the second respondent was a student from Class V to Class X was the sole basis of date of birth recorded in the matriculation certificate – The said date of birth was without any underlying document, as stated by the Principal in the course of the enquiry before the JJB and, therefore, cannot be accepted as authentic or credible – The date of birth in the school first attended by second respondent and the transfer certificate of that school contained the date of birth as 17.12.1995 which matched with the the date of birth which was voluntarily disclosed by the second respondent while obtaining Aadhar card and also driving licence – Once it is held that the date of birth of the second respondent is 17.12.1995, he is not entitled to the claim of juvenility as on the date of the alleged incident which took place on 18.08.2015 – The order passed by the Sessions Judge, confirming the decision of the JJB rejecting the claim of juvenility is accordingly maintained – Juvenile Justice (Care and Protection of Children) Rules, 2007 – r.12(3).
Judge	Hon'ble Dr. Justice D.Y. Chandrachud
Neutral Citation	2019 INSC 816
Petitioner	Sanjeev Kumar Gupta
Respondent	The State Of Uttar Pradesh And Anr.
SCR	[2019] 9 S.C.R. 735
Judgement Date	2019-07-25
Case Number	1081

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1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
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Sanjeev Kumar Gupta Vs. The State of Uttar Pradesh and Anr.

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