ABHISHEK ALIAS BACHCHA MOHAN LAL Vs. KAUSHALYA DEVI

JUDGEMENT

(1.) The revision has arisen out of order dated 02.03.2016 passed by learned Additional Sessions Judge, No. 2, Sikar, in Criminal Appeal No. (124/2015) 50/2015 (CIS No. 153/2015) whereby the order dated 31.07.2015 passed by Juvenile Justice Board, Sikar in Regular Criminal Case No. 14/2015 with regard to finding the petitioner (accused) being Juvenile, has been set aside and the matter has been remitted back to the Juvenile Justice Board with a direction to decide the application of the complainant afresh after examining all the documents submitted by him giving opportunities of hearing to both the parties.

(2.) Brief facts essential for disposal of this matter are that complainant/respondent filed an application before the Juvenile Justice Board, Sikar on 24.04.2015 to the effect that police, without making any inquiry as to age of the accused, has filed charge-sheet against him assuming him to be a Juvenile. Thereafter, the matter was committed to Sessions Court for Trial. On objections raised by respondent, learned Juvenile Justice Board after hearing both the parties and relying upon the date of birth mentioned in Secondary School Certificate, issued by Board of Secondary Education Rajasthan, held the accused/petitioner as Juvenile and rejected the application/objections of the respondent.

(3.) Learned counsel for petitioner submitted that as per Rule 12(3) of the Juvenile Justice (Care and Protection of Children) Rules, 2007 (hereinafter to be referred Rules 2007), Certificate of Matriculation or equivalent bearing the date of birth is a conclusive proof of age and only in absence of such certificate/other certificates/documents/medical opinion are to be considered. Learned Trial Court and learned Juvenile Justice Board has rightly believed the secondary school certificate where-from the petitioner was found to be a Juvenile. There was no need of making any further inquiry. In support, he has cited Pradeep Singh Vs. State of Rajasthan 2014(1) RCC (Raj.) 256.