Shah Nawaz Vs. State Of U.P. & Anr.
Juvenile Justice (Care And Protection of Children) Act, 2000 - Juvenile Justice , Indian Penal Code,1860 - Section 302 , Section 307
Juvenile Justice - Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 12 - Indian Penal Code, 1860 - Sections 302, 307 - Murder - Claim of juvenility - Appellant's mother's application alleging him to be a juvenile at the time of offence, allowed by Board - Both matriculation certificate issued by National School and school leaving certificate issued by head master showing his date of birth shown as 18.06.2024 - Deceased's wife filed appeal in district court - Same allowed and confirmed by High Court on the ground of absence of any matriculation or equivalent certificate/mark-sheet - Held - Appellant had produced mark-sheet of High School examination issued by school authority which includes date of birth, name of school, his name and marks obtained in various subjects - School leaving certificate issued by school duly signed by Head master also contains same information - Rule 12 envisages medical opinion only in absence of matriculation certificate. Thus, courts below committed an error - Board's order restored.
BENCH:
Advocates For the Appellant(s) :
Topic(s)-Juvenile Justice
Important Decision(s)-