RANJEET GOSWAMI versus STATE OF JHARKHAND & ANR.

Citation: [2013] 9 S.C.R. 497 · Decided: 18-09-2013 · Supreme Court of India · Bench: K.S. RADHAKRISHNAN · Disposal: Appeal(s) allowed
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Judgment (excerpt)

[2013] 9 S.C.R. 497 
RANJEET GOSWAMI 
v. 
STATE OF JHARKHAND & ANR. 
(Criminal Appeal No. 1465 of 2013) 
SEPTEMBER 18, 2013 
[K.S. RADHAKRISHNAN AND A.K. SIKRI, JJ.] 
JUVENILE JUSTICE (CARE AND PROTECTION OF 
CHILDREN) ACT, 2000: 
s. 2(2) - Juvenile in conflict with law - Proof of juvenility 
-
The school leaving certificate having been proved, the 
accused could not be subjected to medical examination -
Going by the school leaving certificate, since appellant was 
A 
B 
c 
a juvenile on the date of occurrence, he can be tried only by D 
JJ Board. 
The appellant, who was accused of having committed 
offences punishable ulss. 376; 302 and 201, IPC, in order 
to prove that on the date of occurrence, he was a juvenile, 
got the Head Mistress of the School examined to prove 
the School Leaving Certificate. The respondent filed an 
application that the school leaving certificate was false 
and fabricated. The Juvenile Justice Board then sought 
for and accepted the opinion of the Medical Borad, which 
opined that the appellant was about 20 years of age on 
the date of occurrence. The Sessions Judge held that the 
JJ Board did not give any cogent reason for not 
accepting the school leaving certificate. However, the 
High Court set aside the order of the Sessions Judge and 
restored that of the JJ Board. 
Allowing the appeal, the Court. 
HELD: No cogent reasons have been stated by the 
497 
E 
F 
G 
H 
498 
SUPREME COURT REPORTS 
[2013] 9 S.C.R. 
A High Court to discard the school leaving certificate which 
was issued on 10.04.2004 by the then Principal of the 
school. The certificate reveals the date of birth of the 
accused as 10.05.1991. The school leaving certificate was 
proved by examining the Head-mistress of the school. 
B She has recognized the signatures of the Principal who 
issued the school leaving certificate. The evidence 
adduced by her was not challenged. Therefore, there is 
no reason to reject the school leaving certificate. In the 
circumstances, as per the ratio laid down in Ashwani 
c Kumar Saxena, there is no question of subjecting the 
accused to a medical examination by a medical board. 
Going by the school leaving certificate, since the 
appellant was a juvenile on the date of occurrence, he 
can be tried only by the JJ Board. Consequently, the 
0 order passed by the High Court is set aside and that of 
the Sessions Judge restored. [Para 9-10) [501-F~H; 502-
C-D] 
Ashwani Kumar Saxena v. State of M.P. 2012 (10) 
SCR 540 = 2012 (9) sec 750 - relied on. 
· 
E 
Case Law Reference: 
2012 (10) SCR 540 
relied on 
para 2 
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal 
F No. 1465 of 2013. 
From the Judgment & Order dated 29.10.2010 of the High 
":ourt of Jharkhand at Ranchi in Crl. Revision No. 504 of 2009. 
Shankar Narayanan (for Gaurav Agrawal) for the 
G Appellant. 
H 
Jayesh Gaurav (for Gopal Prasad), Barun Kr. Sinha, 
Pratibha Sinha, Aayush Raj (for Rameshwar Prasad Goyal) for 
the Respondents. 
The Judgment of the Court was delivered by 
RANJEET GOSWAMI v. STATE OF JHARKHAND 
499 
K.S. RADHAKRISHNAN, J. 1. Leave granted. 
A 
2. We notice with concern the commission of large number 
of crimes by the juveniles at a time when there is a hue and cry 
to lower the age limit of juvenile in conflict with law within the 
meaning of clause (I) of Section 2 of the Juvenile Justice (Care 
B 
and Protection of Children) Act, 2000. Claiming·juvenility large 
number of applications are also being filed before the criminal 
courts and age determination enquiry orders passed by the 
Board themselves result in several litigations right up to this 
Court. This case is also one among them in spite of the various C 
directions given by this Court as to how to determine the age 
of a juvenile in conflict with law in Ashwani Kumar Saxena v. 
State of M.P. (2012) 9 SCC 750. 
3. The appellant herein was charge-sheeted for the 
offences under Sections 376, 302 and 201 of the Indian Penal D 
Code, along with three others. The appellant, after submission 
of the charge-sheet, surrendered before the court on 
13.06.2008 and filed an application before the Chief Judicial 
Magistrate, Dumka on 17.06.2008 stating that on the date of 
occurrence i.e. 12/13.04.2008 he was a juvenile since his date E 
of birth was 10.05.1991, as per the records kept in the Primary 
School, Benagadia. 
4. The CJM, Dumka forwarded the said application to the 
Principal Magistrate, Juvenile Justice Board, Dumka (for short 
F 
"the JJ Board") to con
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