Mukesh vs State Of Rajasthan And Ors

The instant revision petition has been filed by the petitioner against the order dated 09.08.2018 passed by learned Sessions Judge, Pali in Sessions Case No.103/2018, whereby the application filed by the petitioner under Section 9 of the Juvenile Justice (Care & Protection of Children) Act, 2015 has been dismissed.

Learned counsel for the petitioner submits that the police obtained the school certificate of the petitioner and submitted the same with challan-papers, in which the date of birth of the petitioner-Mukesh is mentioned as 15.09.2002, thus, he is a juvenile. However, the medical examination of the petitioner was got conducted and as per the medical report, he was found to be between 20-23 years. Learned counsel submits that when the school certificate is available on record then there is no occasion for the Investigating Officer to summon the report from the Medical Officer. The learned trial judge has not considered the school certificate of the petitioner and he only observed that he himself looked the petitioner in the court and while considering his medical report, he seems to be major. The learned trial court has ignored the school certificate of the petitioner and dismissed his application filed under Section 9 of the Juvenile Justice Act. In these circumstances, the order impugned passed by the trial court deserves to be set aside.

Learned counsel for the State also agree this aspect of the matter and oppose in general.

I have considered the arguments advanced before me and gone through the material available on record.

"94. Presumption and determination of age.-

(1) xxx xxx xxx

(2) In case, the Committee or the Board has reasonable grounds for doubt regarding whether the person brought before it is a child or not, the Committee or the Board, as the case may be, shall undertake the process of age determination, by seeking evidence by obtaining -

(i) the date of birth certificate from the school, or the matriculation or equivalent certificate from the concerned examination Board, if available; and in the absence thereof;

(ii) the birth certificate given by a corporation or a municipal authority or a panchayat;

(iii) and only in the absence of (i) and (ii) above, age shall be determined by an ossification test or any other latest medical age determination test conducted on the orders of the Committee or the Board"

A perusal of the order impugned reveals that the trial judge has mentioned in his order that he looked the accused in the court and has considered the medical evidence. He ignored the school certificate of the petitioner. In my considered opinion, the finding of the trial court is absolutely perverse and the same is liable to be set aside.

Accordingly, the order impugned dated 09.08.2018 passed by the Sessions Judge, Pali is set aside and the case is remanded back to the trial court with a direction to re-hear the petitioner and pass an appropriate speaking order in accordance with law.

The revision petition is disposed of accordingly. Stay petition also stands disposed.