VidhiSangh

Supreme Court of India · 31/07/2025

SURESH versus THE STATE OF UTTAR PRADESH & ANR. R1: STATE OF UTTAR PRADESH R2: DEVI SINGH

[2025] 8 S.C.R. 305 · 2025 INSC 918

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Summary

The Court set aside concurrent findings declaring a murder accused a juvenile on the strength of a transfer certificate from a private school whose headmaster admitted the date of birth was entered on the father's oral say-so. A private school's records are not public documents and its headmaster is not a public servant under the Evidence Act, and the certificate could not be treated as conclusive under Rule 12(3) of the Juvenile Justice Rules, 2007 in the face of the statutory family register, the voters' list and a Medical Board report showing the accused to be a major.

Issues

  1. Whether the date of birth certificate of the first school attended could be treated as conclusive proof of age under Rule 12(3)(a)(ii) of the Juvenile Justice (Care and Protection of Children) Rules, 2007 when its entry rested solely on an oral representation by the accused's father.
  2. Whether the records of a State-recognised private school and the testimony of its headmaster qualify as a public record, public document or evidence of a public servant under Sections 35 and 74 of the Evidence Act, 1872.
  3. Whether the court determining juvenility may look beyond the sequence in Rule 12(3) to the family register under the U.P. Panchayat Raj Act, 1947, the voters' list and medical evidence where those contradict the school certificate.

Provisions considered

Held

Result

Appeal allowed. Orders of the High Court (29.03.2016) and Trial Court (19.05.2015) declaring Respondent No.2 a juvenile set aside; he is held a major on the date of the offence and is to be tried as such in Crime No.385/2011, P.S. Kairana. Trial to be concluded by the end of July 2026. Respondent No.2 to appear before the Trial Court within three weeks with liberty to seek bail, failing which the State may take coercive measures; the order releasing him after three years under the Juvenile Justice Act set aside. If convicted, set-off of three years to be given.

Judgment PDF: Supreme Court of India, [2025] 8 S.C.R. 305.