UDAY KUMAR YADAV V.
STATE
G.S Sistani [J]
Appellant filed the present appeal assailing the judgment dated 7.11.2012 and order on sentence
dated 17.11.2012 by which the appellant was sentenced to undergo Rigorous Imprisonment for
the offence under Section 363 IPC for a period of 7 years and to pay fine of Rs.10,000/-, default
of paying such fine would lead to simple imprisonment for a further period of 1 month. The
appellant was sentenced for the offence under Section 376(2) IPC. The appeal stands admitted.
Along with the appeal, appellant has filed the present application under Section 7A of the
Juvenile Justice (Care and Protection of Children) Act, 2000, for declaring appellant as a
juvenile.
During the enquiry, application was filed by the SHO, Narela, seeking permission for getting the
ossification/age determination test conducted in view of the fact that no authentic document of
age has been produced and the documents on which was relying prima facie do not appear to be
authentic. Operative portion of the order dated 21.8.2014 passed by learned ASJ, reads as under:
“…. At this stage, application has been filed by the SHO Narela seeking permission for getting
the ossification / age determination test of convict Udai Kumar Yadav conducted in view of the
fact that till date no authentic document of age is being produced and the documents on which
the convict is relying prima facie do not appear to be authentic.
I have considered the rival contentions. In the interest of justice, permission is granted to get the
ossification / age determination test conducted upon the convict Udai Kumar Yadav. Meanwhile
final report with regard to the verification of the documents furnished by the convicts s
Rule 12 – Procedure to be followed for determination of age
1) In every case concerning a child or a juvenile in conflicted with law, the court or the
Board or as the case may be the Committee referred to in Rule 19 (Child welfare
committee) of these rules shall determine the age of such juvenile or child or a juvenile in
conflict with law within a period of thirty days from the date of making of the application
for that purpose.
2) The Court or the Board or as the case may be the Committee shall decide the juvenility or
otherwise of the juvenile or the child or as the case maybe juvenile in conflict with law,
prima facie on the basis of physical appearance or documents, if available, and send him
to the observation home or in jail.
3) In every case concerning a child or juvenile in conflict with law, the age determination
inquiry shall be conducted by the Court or the Board, as the case may be, the committee
by seeking evidence by obtaining –
(a) (i) the matriculation or equivalent certificates, if available; and in the absence whereof;
(ii) the date of birth certificate from the school (other than play school) first attended and
in the absence whereof;
(iii) the birth certificate given by a corporation or a municipal authority or panchayat;
(b) And only in the absence of either (i), (ii) or (iii) of Clause (a) above, the medical opinion
will be sought from duly constituted Medical Board, which will declare the age of the
juvenile or child. In case exact assessment of age cannot be done, the Court or Board
or, as the case may be, the Committee, for reasons to be recorded by them, may, if
considered necessary, give benefit to the child or juvenile by considering his/her age
on lower side within the margin of one year.
