VidhiSangh

Supreme Court of India · 16/11/2022

THE STATE OF JAMMU & KASHMIR (NOW U.T. OF JAMMU & KASHMIR) & ORS. versus SHUBAM SANGRA

[2022] 8 S.C.R. 349 · 2022 INSC 1205

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Summary

One of the accused in the 2018 Kathua abduction, gang rape and murder of an eight-year-old girl claimed to be a juvenile. He relied on a municipal birth entry of 23.10.2002, made in 2004 on his father's application. The CJM and the Jammu and Kashmir High Court accepted the claim. The Supreme Court reversed them. The school records gave 23.10.2003, the hospital had no record of his birth, and the 2004 order listed sibling births three months apart. Faced with such contradictions, the court had to fall back on the five-member Medical Board, which put his age at 19 to 23. The Court held that 'may' in Rule 74(3)(iii) of the 2014 Rules means 'shall'. He is to be tried as an adult.

Issues

  1. Whether an accused claiming juvenility could be held a juvenile on a municipal birth certificate where the documents on his date of birth contradicted one another and a Medical Board assessed him as an adult.

Provisions considered

Held

Result

Criminal Appeal No. 1928 of 2022 allowed; the CJM Kathua's order dated 27.03.2018 and the Jammu and Kashmir High Court order dated 11.10.2019 in CRR No. 27 of 2018 set aside; the respondent held not a juvenile and to be tried as the other co-accused were, guilt or innocence to be decided only on the trial evidence.

Judgment PDF: Supreme Court of India, [2022] 8 S.C.R. 349.