UNION OF INDIA Vs. SAALIM

JUDGEMENT

(1.) THIS appeal has been filed by the Union of India being aggrieved by and dissatisfied with the judgment and order dtd. 30/7/2002 passed by the Allahabad High Court, whereby the High Court has held that the respondent herein was below 18 years of age on the date of the alleged commission of the offence in question. In that view of the matter, a direction was issued by the High Court that the case of the respondent herein would be dealt with in accordance with the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000.

(2.) THE aforesaid order of the High Court and the directions issued therein are under challenge in this appeal on which we have heard the learned counsel appearing on behalf of the appellant as also the learned counsel for the respondent.

(3.) THE trial court, however, ignored the entries made in the school leaving register and relying on the entries made in the Pariwar Register and the medical certificate, and on making its own assessment on the basis of the general appearance of the respondent, held that the respondent was not a juvenile on the date of commission of offence. The aforesaid findings of the trial court were held to be erroneous and illegal by the High Court for according to the High Court, emphasis should have been given and reliance should have been placed on the school leaving register which is one of the recognised and authentic documents for the purpose of determining the age of a person.