RAM SURESH SINGH versus PRABHAT SINGH @ CHHOTU SINGH & ANR.

RAM SURESH SINGH versus PRABHAT SINGH @ CHHOTU SINGH & ANR.

Where the school date of birth entry is proved and not found to be forged or fabricated, it must be given effect and takes precedence over medical opinion; Rule 22 of the Juvenile Justice Rules mandates preference for school records in age determination.

Parties
Appellant: Ram Suresh Singh; Respondent No.1: Prabhat Singh @ Chhotu Singh; Respondent No.2: Respondent No.2
Jurisdiction
India
Judgment Date
05 May 2009
Procedural Posture
Criminal Appeal / Appeal From High Court Judgment (patna), Post Revision
Outcome
Appeal dismissed
Legal Topics
Age Determination, Admissibility of School Records, Priority of Medical Evidence, Juvenile Justice Board Procedure
Juvenile Justice Criminal Law Evidence Law Age Determination Admissibility of School Records Priority of Medical Evidence Juvenile Justice Board Procedure

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Parties

Ram Suresh Singh

Appellant

Prabhat Singh @ Chhotu Singh

Respondent No.1

Respondent No.2

Respondent No.2

Procedural Posture

Criminal Appeal / Appeal From High Court Judgment (patna), Post Revision

Legal Issues

  1. 1 Whether the school admission register entry or medical board opinion prevails for age determination under the Juvenile Justice Act
  2. 2 Proving an entry concerning age in school register as per Evidence Act Section 35
  3. 3 Applicability of Rule 22 of Juvenile Justice (Care and Protection of Children) Rules, 2001

Ratio Decidendi

Where the school date of birth entry is proved and not found to be forged or fabricated, it must be given effect and takes precedence over medical opinion; Rule 22 of the Juvenile Justice Rules mandates preference for school records in age determination.

Court Disposition

Appeal dismissed

Orders

  • Order of High Court affirmed
  • Respondent No.1 declared juvenile; order of Juvenile Justice Board set aside