SHAILENDRA KUMAR NAI Vs. STATE OF M.P.

JUDGEMENT

(1.) THE applicant has preferred the present revision against the order dated 11.2014 passed by the learned First Additional Sessions Judge, Satna in special Case No.87/2014 whereby, it was held that the applicant was 18 years age and he cannot be considered as a juvenile.

(2.) AFTER considering the submissions made by the learned counsel for the parties, it appears that the applicant relies upon the school leaving certificate in which his date of birth was shown to be 5.4.1998. It is apparently established that according to rule 12 of the Juvenile Justice (Care and Protection of Children) Rules the certificates are to be considered in serial order by the Court who is assessing the age of the juvenile. In that serial order, if the applicant is matriculate or has equivalent certificates issued by the Board then such certificate shall be taken into consideration. However, the applicant has no such certificate. Secondly the birth certificate issued by the school where the applicant was admitted for the first time. In the present case, the applicant failed to produce any certificate of that School in which he was admitted for the first time. Thirdly, the birth certificate given by Corporation or Municipal Authority or Panchayat. No such certificate is produced by the applicant before the trial Court and lastly if such certificates are not available then Courts shall rely upon the report of the medical board in which the age of the juvenile is given.

(3.) IN the present case, the trial Court has relied upon the report of the Medical Board that the applicant was 18 -20 years of age.