Prayagraj. The Allahabad High Court took an important decision on Thursday regarding age determination. The High Court said that the age of the accused of the offense will be determined only under the Juvenile Justice Act. A high school certificate is a valid proof of age determination under the Juvenile Justice Act. In such a situation, when the high school certificate is present, then no other evidence is required. The court upheld the order of not determining the age on the basis of the entry of the primary school register. The High Court upheld the order of the lower court as statutory.
In fact, the court said this while rejecting the revision petition filed by Surendra Singh. In the petition, the order of ADJ Jalaun Orai to declare Ramu Singh as a juvenile was challenged. An FIR was lodged on 20 March 2015 for the murder of the complainant’s son. Chargesheet was filed against 8 accused on 16 October 2015. The opposition Ramu Singh had applied in the demand to declare himself a juvenile on the basis of the high school certificate. It was opposed on behalf of the petitioner that the date of birth of the opposition is recorded as 4 May 1997 in the high school certificate. According to this, the age of the opposition at the time of incident is 17 years 10 months 15 days. On the basis of the register of the primary school, the petitioner had filed an objection on the basis of the date of birth of the opposition being July 3, 1996, being 21 years of age.
Recognizing this, the court accepted the application and declared the opposition as a juvenile. This was challenged in the revision petition. On this, the court said that the age of the accused of the offense will be determined only under the Juvenile Justice Act. A single bench of Justice Sanjay Kumar Singh gave this order.