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Case Study-1

This document summarizes a court case in India. It details that in 2015, the appellant's 13-year old son went missing after receiving a phone call from an unknown number claiming to be his teacher. The son's body was later found in a canal. The accused was arrested and claimed to be a juvenile at the time of the crime based on a school certificate showing his date of birth as 1998. However, other documents showed his birth year as 1995. The Juvenile Justice Board and lower courts disagreed on whether the accused was a juvenile. This appeal concerns which date of birth is accurate and whether the accused should be tried as a juvenile or adult.

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Sanjana PS
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53 views

Case Study-1

This document summarizes a court case in India. It details that in 2015, the appellant's 13-year old son went missing after receiving a phone call from an unknown number claiming to be his teacher. The son's body was later found in a canal. The accused was arrested and claimed to be a juvenile at the time of the crime based on a school certificate showing his date of birth as 1998. However, other documents showed his birth year as 1995. The Juvenile Justice Board and lower courts disagreed on whether the accused was a juvenile. This appeal concerns which date of birth is accurate and whether the accused should be tried as a juvenile or adult.

Uploaded by

Sanjana PS
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Facts

These points find close imitation in the fact of the case, which we
may briefly narrate here .This appeal arises out of an order passed by
the High Court of judicature at Allahabad.The . On 28,october 2015,a
First information Report was lodged by the appellant at PS Ekka in the
district of Firozabad in Uttar Pradesh which was registered as Case
Crime 252 of 2016 under Section 364 A of the Penal Code. The
allegation is that the appellant received a call on his cell phone from an
unknown number and the caller wished to speak to his son,claiming to
be his teacher. The appellants son who was about Thirteen Year old
was studying in the eigth standard in a public school in
Shikohabad.After calling back on the number, the appellants son left his
shop after a conversation ,never to return. The victim is alleged to have
been murdered after a demand for ransom.His body was allegedly
found in a canal . The accused was arrested during the course of the
investigation. On 9 December 2015,the accused filed an application
claiming to be a juvenile on the date of the incident under the Juvenile
Justice ( Care and protection of Children ) Act 2000 ( Act of 2000). He
submitted that on the date of the alleged offence he was sixteen years
ten month and eleven days old. In support of the claim , he relied on a
matriculation certificate issued by the Central Board of Secondary
Education( CBSE),Delhi reflecting his date of birth as 17 December
1998. By an order dater 2 July 2016 the Juvenile Justice Board(JJB)
Allowed the application of the second respondent - accused and
declared him to be a juvenile on the date of the alleged offence. The
appellant instituted a criminal appeal before the Court of the Session
Judge, Firozabad (Criminal Appeal 41 of 2016). On 16 September 2016,
the Session Judge remanded the case to the JJB for determination of
the age of the second respondent upon medical examination. The Chief
Medical Officer ,Agra constituted a Medical Board which in its report
dated 19 November 2016 found that the age of the second
respondent was about nineteen years. Aggrieved by the order of the
Session Judge , the Second respondent filed a revision.(Revision
Petition 3246 of 2016)before the High Court which was dismissed as
withdrawn on 4 January 2017. He instituted a petition (Petition No
12801 of 2017)under section 482 of the Code of Criminal Procedure
1973 (CrPC) WHICH WAS DISPOSED OF BY THE High Court on 17 April
2017 directing the early disposal of the pending application of the
second respondent .on 1 July 2017, the JJB rejected the claim of
juvenility on the basis of the medical report. The JJB also observed that
the second respondent had filed an application for obtaining a driving
license and an Aadhaar card in which he had declared his date of birth
as 17 December 1995. On this basis ,the JJB held that the second
respondent was an adult on the date of the incident. The second
respondent filed an appeal against the order of the JJB before the
Session Judge ,Firozabad ( Criminal appeal 27 of 2017) . The Session
Judge rejected the appeal by stating that the credibility and
authenticity of the documents depends upon the circumstances of each
case and that in a case involving conflicting school certificates a further
inquiry would be required. Aggrieved by the decision of the Sessions
court,this appeal is filed in the high court.

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