KHALID HUSSAIN Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) This revision is directed against the order dated 31.10.2020 passed by the learned 2nd Additional Sessions Judge, Jammu in an appeal filed by the petitioner-Khalid Hussain alias Munna against the order dated 02.01.2019 passed by the Juvenile Justice Board, Jammu by virtue of which the petitioner has been declared to be major at the time of alleged occurrence i.e. 08.11.2018. The question involved for consideration in this petition is how the determination of the age became an issue before the Juvenile Justice Board.

(2.) The accused, according to the order of the Juvenile Justice Board, Jammu dated 12.12.2018, was arrested on 13.11.2018 and he was found in possession of the Aadhar Card in which his date of birth is recorded as 20.10.2001 but during investigation, the Police obtained School Leaving Certificate of the accused from the Government Higher Secondary School, Bhalwal Jammu in which the date of birth is recorded as 31.12.2001.

(3.) It was because of this discrepancy that the SHO Police Station Gharota applied for his age determination before proceeding further. This application was allowed by the Board and Superintendent Medical Hospital, Sarwal, Jammu was asked to constitute a Medical Board comprising a Radiologist, Physiologist, a Dental Examiner, a Forensic Expert and Chairperson to determine his age and submit a report. Medical Board found that the accused was not a juvenile as he was more than 18 years of age on the alleged date of occurrence.