JJ Rules 2007 | Where Exact Assessment Of Age Not Possible, Reduction Of 1 Year Can Be Given: Supreme Court Accepts Juvenility Plea In 95 Murder Case
Case: Pawan Kumar v. State of UP
Coram: Justices Sanjay Kishan Kaul and Sudhanshu Dhulia
Case No.: CRIMINAL APPEAL NO. 3548 OF 2023
Court Observation: “One important aspect which was missed by the High Court as well as the Additional Sessions Judge was the provisions of Rule 12 of the 2007 Rules which are applicable for the determination of age in the present case and, in particular, the provision under subrule (3)(b) of Rule 12 which states that “in the case exact assessment of the age cannot be done, the Court or the Board or, as the case may be, the committee for the 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”, we are of the considered view that in the present case, even assuming for the sake of argument that there were some conflicting aspects as to the age of the appellant but since the margin of age was so thin, the aforesaid benefit ought to have been given to the appellant.”
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Keywords
JJ Rules 2007, Supreme Court
