NDLI: Vinod Katara Vs. State of Uttar Pradesh

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Juvenile Justice (Care and Protection of Children) Act 20 – Applicability of the 2000 Act 7A 2000: ss. 3 16
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 Referred Case 7 Referred Case 8 Referred Case 9
Case Type	Writ Petition
Court	Supreme Court of India
Disposal Nature	Directions Issued
Headnote	Juvenile Justice (Care and Protection of Children) Act, 2000: ss. 3, 7A, 16, 20 – Applicability of the 2000 Act – Plea of juvenility at belated stage – Determination of juvenility – On facts, writ applicant while undergoing sentence of life imprisonment for offence punishable u/s. 302/34 subjected to medical examination by the State in pursuant of the judgment by the High Court wherein the High Court directed the Juvenile Justice Boards to hold an enquiry for determination of the age of prisoners languishing in jails who claimed to have been juveniles in conflict with the law – Medical Board certified that on the date of the commission of the alleged offence, the writ applicant could have been around 15 years of age – Thereafter, writ applicant obtained a Family Register Certificate which shows his age as 14 years – Instant writ petition filed by the applicant claiming juvenility – Held: In view of s. 7A, the plea of juvenility could be raised in any court, at any stage even after the final disposal of the Special Leave Petition – It is the documentary evidence placed on record that plays a major role in determining the age of a juvenile in conflict of law – It is only in the cases where the documents or certificates placed on record by the accused in support of his claim of juvenility are found to be fabricated or manipulated, that the Court, the Juvenile Justice Board or the Committee need to go for medical test for age determination – On facts, the Family Register cannot be accepted as equivalent to matriculation certificate to prove the age of the accused – Convict was subjected to medical examination, however, the report on record does not inspire much confidence – Despite all the odds against the writ applicant, the matter to be looked into, in the larger interest of justice – Sessions court directed to examine the claim of the writ applicant to juvenility in regard with law within the stipulated period – If the Family Register is found to be authentic and genuine, ossification test report would not be required – Presiding Officer to ascertain the authenticity and genuineness of the Family Register, and the Sessions Court to conduct ossification test or any other modern recognized method of age determination, and submit its report – Juvenile Justice (Care and Protection of Children) Act, 2015 – s. 94 – Juvenile Justice (Care and Protection of Children) Rules, 2007 – rr. 3(1), 3(2) and 12(3)(b) – Constitution of India – Arts. 32 and 39 – Juvenile Justice (Care and Protection of Children) Amendment Act, 2011.
Judge	Hon'ble Mr. Justice J.B. Pardiwala
Neutral Citation	2022 INSC 949
Petitioner	Vinod Katara
Respondent	State Of Uttar Pradesh
SCR	[2022] 9 S.C.R. 836
Judgement Date	2022-09-12
Case Number	121

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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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