Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Juvenile Justice (Care and Protection of Children) Act 1947 – U.P. Panchayat Raj (Maintenance of Family Register) Rules 1970 2007 – r.12(3) – U.P Panchayat Raj Act 2015 – s.94(2)(ii) – Juvenile Justice (Care and Protection of Children) Rules |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Juvenile Justice (Care and Protection of Children) Act, 2015 – s.94(2)(ii) – Juvenile Justice (Care and Protection of Children) Rules, 2007 – r.12(3) – U.P Panchayat Raj Act, 1947 – U.P. Panchayat Raj (Maintenance of Family Register) Rules, 1970 – Appellant-accused was declared as juvenile in conflict with law by Additional Sessions Judge – Order set aside by High Court, appellant ordered to stand trial as an adult – On appeal, held: Plea of juvenility has to be raised in a bonafide and truthful manner – To seek juvenility, if the reliance is on a document which is not reliable or is dubious in nature, the appellant cannot be treated to be juvenile keeping in view that the Act is a beneficial legislation – The provisions of the statute are to be interpreted liberally but the benefit cannot be granted to the appellant who has approached the Court with untruthful statement – Appellant approached the Court with unclean hands as the documents relied upon by him are not genuine and trustworthy, and thus cannot be given benefit of juvenility – View taken by High Court is a possible view in law and does not call for any interference. Juvenile Justice – Determination of Juvenility – Ossification Test – Held: Ossification test varies based on individual characteristics and hence its reliability has to be examined in each case – It cannot be reasonably expected to formulate a uniform standard for determination of the age of the union of epiphysis on account of variations in climatic, dietetic, hereditary and other factors affecting the people of the different States of India. Juvenile Justice – Juvenile Justice (Care and Protection of Children) Act, 2015 – U.P Panchayat Raj Act, 1947 – s.110 – U.P. Panchayat Raj (Maintenance of Family Register) Rules, 1970 – Juvenile Justice (Care and Protection of Children) Rules, 2007 – r.12(3) – Family register – Evidentiary value of – Held: How much evidentiary value is to be attached to the family register is a question of fact, but to say that it is entirely not relevant would not be the correct enunciation of law – The register is maintained in accordance with the rules framed under a statute – Entries made in the regular course of the affairs of the Panchayat would thus be relevant but the extent of such reliance would be in view of the peculiar facts and circumstances of each case – Further, in terms of r.12(3)(iii) of the Rules, birth certificate issued by corporation or municipal authority or a panchayat is a relevant document to prove the juvenility – Family register is not a birth certificate – Therefore, it would not strictly fall within clause (iii) of r.12(3) – Even s.94(2)(ii) of the 2015 Act contemplates a birth certificate issued by a panchayat to determine the age. |
Judge | Hon'ble Mr. Justice Hemant Gupta |
Neutral Citation | 2022 INSC 186 |
Petitioner | Manoj @ Monu @ Vishal Chaudhary |
Respondent | State Of Haryana & Anr |
SCR | [2022] 8 S.C.R. 279 |
Judgement Date | 2022-02-15 |
Case Number | 207 |
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