STATE OF J&K Vs. SHUBAM SANGRA

JUDGEMENT

(1.) The Juvenile Justice (Care and Protection of Children) Act, 2000 has been enacted with the object for providing proper care, protection and treatment by adopting a child-friendly approach in the adjudication and disposition of matters in the best interest of children and for their ultimate rehabilitation, but, at the same time, it has also to be seen that a heavy duty is cast upon the Courts that while determining the age, the Court has to bear in mind that unscrupulous/accused should not get himself declared as juvenile on the basis of wrong certificate.

(2.) This Revision Petition is filed under Section 52 of the J&K Juvenile Justice (Care and Protection of Children) Act, 2013 (for short, „the Act of 2013) questioning order dated 27.03.2018 passed by the Chief Judicial Magistrate, Kathua in File No. 317/Misc. thereby ascertaining the date of birth of the respondent-Shubam Sangra as 23.10.2002 and declaring him to be a juvenile under the Act of 2013.

(3.) A bare look at the order impugned would show that the Court below has passed the order in compliance to order dated 14.03.2018 passed by this Court in OWP No. 259/2018 whereby Chief Judicial Magistrate, Kathua was directed to ascertain the age of the respondent herein within a period of ten days from the date of receipt of the certified copy of the order passed by this Court without being influenced by the record submitted by the District Medical Board. Pursuant to the order passed by this Court respondent had been subjected to the Medical Board, but, at the time of passing of the final order, this Court has categorically directed the Chief Judicial Magistrate, Kathua to ascertain the age of the respondent without being influenced by the record submitted by the District Medical Board. The said direction of the Court was in conformity with Rule 74 of the Juvenile Justice (Care and Protection of Children) Rules, 2014 (for short, the Rules of 2014).