Suresh VS State of Uttar Pradesh
Juvenile Justice (Care and Protection of Children) Act (56 of 2000) , S.110— Juvenile Justice (Care and Protection of Children) Rules (2007) , R.12— Evidence Act (1 of 1872) , S.35, S.74— Declaration as juvenile – Legality – Evidentiary value of public documents – Offence of murder – As no ‘matriculation or equivalent certificates’ were available , ‘date of birth certificate from school first attended’ was accepted as conclusive proof of date of birth – However, said certificate could not have been relied on since Headmaster had stated that birth-date was noted as per an oral representation by father of accused – Said school not being a Government School, records maintained by it would not be ‘public documents’ – Family register and voters’ list on record were public documents – Said documents as well as Medical report indicated that accused was major – Declaration of accused as juvenile based on school certificates was improper
Criminal Revision No.2144/2015 dated 29.03.2016 (All)-Reversed(Paras 161821232526)
