RAHUL KUMAR YADAV versus THE STATE OF BIHAR

RAHUL KUMAR YADAV versus THE STATE OF BIHAR

The Supreme Court held that a plea of juvenility can be raised for the first time in appeal and, because the trial court and High Court did not conduct a proper inquiry though the plea was raised at the earliest opportunity, remand for a thorough inquiry under the JJ Act, 2015 and applicable rules was necessary; if documents are inconclusive the trial court may as last resort order ossification testing; the inquiry must be completed within 12 weeks and the report furnished to this Court.

Parties
Appellant: Rahul Kumar Yadav; Respondent: The State of Bihar
Jurisdiction
India
Judgment Date
25 April 2024
Procedural Posture
Criminal Appeal / Judgment on Appeal (supreme Court Remanded for Inquiry)
Outcome
Interim direction issued: matter remanded to trial court to conduct age inquiry per JJ Act, 2015; matter to be relisted in this Court.
Legal Topics
Plea of Juvenility, Age Determination, Prima Facie Satisfaction for Inquiry, Ossification Test, Juvenile Justice (care and Protection) Act, 2015 S.9(2)
Criminal Law Juvenile Justice Plea of Juvenility Age Determination Prima Facie Satisfaction for Inquiry Ossification Test Juvenile Justice (care and Protection) Act, 2015 S.9(2)

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Parties

Rahul Kumar Yadav

Appellant

The State of Bihar

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal (supreme Court Remanded for Inquiry)

Legal Issues

  1. 1 Whether a plea of juvenility not pressed before the trial court or High Court can be raised at a belated stage before this Court
  2. 2 What material is required to prima facie satisfy the court to order an inquiry into a belated claim of juvenility
  3. 3 Appropriate procedure for determining age when documents are not conclusive

Ratio Decidendi

The Supreme Court held that a plea of juvenility can be raised for the first time in appeal and, because the trial court and High Court did not conduct a proper inquiry though the plea was raised at the earliest opportunity, remand for a thorough inquiry under the JJ Act, 2015 and applicable rules was necessary; if documents are inconclusive the trial court may as last resort order ossification testing; the inquiry must be completed within 12 weeks and the report furnished to this Court.

Court Disposition

Interim direction issued: matter remanded to trial court to conduct age inquiry per JJ Act, 2015; matter to be relisted in this Court.

Orders

  • Learned first Additional Sessions Judge, Darbhanga shall conduct a thorough inquiry to determine the age/date of birth of the appellant in accordance with the procedure under the Juvenile Justice (Care and Protection) Act, 2015 and the rules framed thereunder.
  • The Station House Officer of the police station concerned shall provide full assistance in collection of documents/evidence for the inquiry.