MANOJ @ MONU @ VISHAL CHAUDHARY versus STATE OF HARYANA & ANR

MANOJ @ MONU @ VISHAL CHAUDHARY versus STATE OF HARYANA & ANR

The appellant's plea of juvenility was rejected because the birth certificate was registered after filing the Section 7A application and thus unreliable, the school leaving certificate was shown to be doubtful/procured, the ossification opinion was not conclusive of age below 18, and the Family Register maintained...

Source-derived case information.

Parties
Appellant / Accused: Manoj @ Monu @ Vishal Chaudhary; Respondent: State of Haryana & Anr.
Jurisdiction
India
Judgment Date
15 February 2022
Procedural Posture
Criminal Appeal / Appeal From Judgment of the High Court of Punjab and Haryana at Chandigarh Dated 30.07.2019 (crr No.2258 of 2016)
Outcome
Appeal dismissed
Legal Topics
Determination of Juvenility, Evidentiary Value of Family Register, Reliability of Ossification Test, Admissibility and Timing of Birth Certificate, Bonafides of Plea; Unclean Hands
Juvenile Justice Criminal Law Evidence Medical Jurisprudence Registration of Births and Deaths Panchayat Law Determination of Juvenility Evidentiary Value of Family Register +3 more

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Parties

Manoj @ Monu @ Vishal Chaudhary

Appellant / Accused

State of Haryana & Anr.

Respondent

Procedural Posture

Criminal Appeal / Appeal From Judgment of the High Court of Punjab and Haryana at Chandigarh Dated 30.07.2019 (crr No.2258 of 2016)

Legal Issues

  1. 1 Whether the appellant was a juvenile on the date of the offence
  2. 2 Whether a birth certificate obtained/registered after filing an application can be relied upon to prove juvenility
  3. 3 Evidentiary value of a school leaving certificate produced by the appellant

Ratio Decidendi

The appellant's plea of juvenility was rejected because the birth certificate was registered after filing the Section 7A application and thus unreliable, the school leaving certificate was shown to be doubtful/procured, the ossification opinion was not conclusive of age below 18, and the Family Register maintained under statutory rules supported a non-juvenile age; therefore the High Court's order setting aside the juvenile finding and directing trial as an adult was a tenable view and the appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed.
  • Order of the High Court dated 30.07.2019 setting aside the Additional Sessions Judge's declaration of juvenility and directing the appellant to stand trial as an adult is upheld.