NDLI: Xyz Vs. Abhisheik & Anr

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Juvenile Justice (Care and Protection of Children) Act 2000
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
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 – Juvenile Justice (Care and Protection of Children) Rules, 2007 – R. 12(3)(b) – Plea of Juvenility – Appellant alleged that she was subjected to gang rape by the first respondent and other persons – FIR was registered on 24 July 2015, three to four months after the commission of offences – Plea of Juvenility – JMFC found that the matriculation certificate produced by the first respondent was fabricated and therefore directed FIR to be filed against first respondent for intentionally using fabricated documents in judicial proceedings – Sessions Judge while conducting inquiry sought the opinion of the District Medical Board and based on the same concluded that the first respondent was not a juvenile on the date of the incident – The first respondent filed revision petition before High Court which was accepted – On appeal, held :During enquiry the mother of the first respondent stated that the first respondent had not studied beyond Class 9 and therefore did not appear for matriculation examinations – The matriculation certificate was found to be forged by the JMFC and in the absence of a matriculation certificate, it was the birth certificate from the school first attended which could have been relied upon – Director of school and also relative of first respondent admitted that no document regarding date of birth of the first accused was filed at the stage of admission – The mother of the first respondent admitted in the cross-examination that the date of birth in the scholar register is wrong – In view of these circumstances, Sessions Judge was right in doubting the credibility of birth certificate obtained from school – The birth certificate issued by the Municipal Authority was not relied on by Sessions Judge as the documents were improperly maintained by the staff and were also found to be tampered – There is no valid basis to discard the finding – It is evident from the report of the medical board that first respondent was not a juvenile – The record relied upon by the first respondent in support of the plea of juvenility was fabricated – High Court erred in accepting the plea of juvenility – Penal Code,1860 – ss. 193, 465, 466, 468, 471, 363, 366A, 376, 506,120B – Protection of Children from Sexual Offences Act 2012 – ss. 3, 4.
Judge	Hon'ble Dr. Justice D.Y. Chandrachud
Neutral Citation	2022 INSC 905
Petitioner	Xyz
Respondent	Abhisheik & Anr
SCR	[2022] 14 S.C.R. 420
Judgement Date	2022-09-02
Case Number	1408

Sl.	Authority	Responsibilities	Communication Details
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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Xyz Vs. Abhisheik & Anr

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