LAWS(MPH)-2023-4-67

MANOJ KUMAR YADAV Vs. STATE OF MADHYA PRADESH

Decided On April 19, 2023
MANOJ KUMAR YADAV Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) This criminal revision is filed by the petitioner being aggrieved of the order dtd. 8/4/2023 passed by the learned Special Judge (POCSO), District Jabalpur in SC ATR No.65/2020, rejecting an application filed by the petitioner herein seeking submission of original Aadhar card as a proof of date of birth of the prosecutrix, photocopy of which was already available on record.

(2.) In support of his contention, learned counsel for the petitioner has placed reliance on a Division Bench decision of High Court of Delhi at New Delhi in CRL.A.1444/2013 (Jabbar Vs. State), wherein in para 37, after referring to Rule 12 of the Juvenile Justice (Care and Protection of Children) Rules, 2007, it is held as under:-

(3.) Yet distinguishing the decision of Hon'ble Madras High Court in Panneerselvam Vs. Inspector of Police, , Division Bench of Delhi High Court has held that Aadhar card will be a superior document and is to be taken into consideration for determination of age.