Claim of Juvenility II

The Juvenile Justice (Care and Protection of Children) Act, 2000 stands repealed by The Juvenile Justice (Care and Protection of Children) Act, 2015. The procedure for determining age is now part of Section 94 of 2015 Act which was earlier provided under Rule 12 of The Juvenile Justice (Care and Protection of Children) Rules, 2007.

Jyoti Prakash Rai v. State of Bihar, (2008) 15 SCC 223 held, medical report determining age of a person has never been considered by Courts of Law to be conclusive in nature. Mukarrab v. State of U.P., (2017) 2 SCC 210 observed, a blind and mechanical view regarding age of a person cannot be adopted solely on basis of medical opinion by radiological examination. Babloo Pasi v. State of Jharkhand, (2008) 13 SCC 133 held, it is neither feasible nor desirable to lay down an abstract formula to determine age of a person. Ramdeo Chauhan v. State of Assam, (2001) 5 SCC 714 held, ossification test may provide a surer basis for determining age of an individual than opinion of a medical expert but it can by no means be so infallible and accurate so as to indicate exact date of birth of person concerned.

Hon’ble Justice Hemant Gupta, Manoj @ Monu @ Vishal Chaudhary v. State of Haryana, [Criminal Appeal No. 207 of 2022].