SANJEEV KUMAR GUPTA versus THE STATE OF UTTAR PRADESH AND ANR.

SANJEEV KUMAR GUPTA versus THE STATE OF UTTAR PRADESH AND ANR.

The CBSE matriculation certificate could not be accepted as authentic where it was based solely on the final list/roll provided by the later school without any underlying supporting document; earlier school records (Saket Vidya Sthali) and voluntary disclosures by the accused in Aadhaar and the driving licence showing date of birth 17.12.1995 established he was not a juvenile on 18.08.2015, therefore the High Court erred in giving precedence to the matriculation certificate and the JJB and Sessions Judge orders rejecting juvenility are maintained.

Parties
Appellant/complainant: Sanjeev Kumar Gupta; Respondent: State of Uttar Pradesh; Respondent/accused: Puneet Yadav (second respondent)
Jurisdiction
India
Judgment Date
25 July 2019
Procedural Posture
Criminal Appeal / Appeal Against High Court Judgment in Criminal Revision No. 2952 of 2017
Outcome
Appeal allowed
Legal Topics
Age Determination, Precedence of Documentary Evidence (matriculation Certificate Vs School Records), Rule 12(3) of Juvenile Justice Rules 2007, Section 7 a Juvenile Justice Act 2000, Section 94 Juvenile Justice Act 2015, Medical Age Determination
Juvenile Justice Criminal Law Procedure and Evidence Age Determination Precedence of Documentary Evidence (matriculation Certificate Vs School Records) Rule 12(3) of Juvenile Justice Rules 2007 Section 7 a Juvenile Justice Act 2000 Section 94 Juvenile Justice Act 2015 +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 6 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Sanjeev Kumar Gupta

Appellant/complainant

State of Uttar Pradesh

Respondent

Puneet Yadav (second respondent)

Respondent/accused

Procedural Posture

Criminal Appeal / Appeal Against High Court Judgment in Criminal Revision No. 2952 of 2017

Legal Issues

  1. 1 Whether the second respondent was a juvenile on the date of the alleged offence
  2. 2 Whether a matriculation certificate issued by CBSE has precedence over earlier school records and other documents for age determination under Rule 12(3) of the 2007 Rules
  3. 3 Whether the date of birth recorded in the CBSE matriculation certificate could be rejected where it was based solely on a school roll without underlying documents

Ratio Decidendi

The CBSE matriculation certificate could not be accepted as authentic where it was based solely on the final list/roll provided by the later school without any underlying supporting document; earlier school records (Saket Vidya Sthali) and voluntary disclosures by the accused in Aadhaar and the driving licence showing date of birth 17.12.1995 established he was not a juvenile on 18.08.2015, therefore the High Court erred in giving precedence to the matriculation certificate and the JJB and Sessions Judge orders rejecting juvenility are maintained.

Court Disposition

Appeal allowed

Orders

  • Impugned judgment and order of the High Court dated 14 November 2018 set aside
  • Criminal Revision No. 2952 of 2017 dismissed