VidhiSangh

Supreme Court of India · 02/09/2022

XYZ versus ABHISHEIK & ANR

[2022] 14 S.C.R. 420 · 2022 INSC 905

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Summary

A man accused of the gang rape of a minor under the IPC and the POCSO Act claimed he was a juvenile. The 4th Additional Sessions Judge held an inquiry, found his matriculation certificate forged and the school and municipal birth records unreliable, and relied on a medical board opinion to hold that he was not a juvenile. The High Court reversed this in revision, relying on a 2002 municipal birth certificate. The Supreme Court restored the Sessions Judge's finding. The municipal register produced on the Court's direction contained no entry no. 1545 of 18.04.2002. The records relied on were therefore fabricated, and the medical board's opinion showed he was not a juvenile.

Issues

  1. Whether the High Court in revision rightly set aside a Sessions Court's age-determination inquiry and held the accused a juvenile on the strength of a municipal birth certificate
  2. How the documents listed in Rule 12(3) of the Juvenile Justice Rules, 2007 are to be weighed when they are found forged or unreliable, and when a medical opinion may be sought

Provisions considered

Held

Result

Appeals allowed; the High Court's judgments of 22.08.2016 were set aside and the Sessions Judge's report rejecting the plea of juvenility was sustained; the appellant's name is to be shown as 'XYZ'.

Judgment PDF: Supreme Court of India, [2022] 14 S.C.R. 420.