SANJEEV KUMAR GUPTA versus THE STATE OF UTTAR PRADESH AND ANR.

Citation: [2019] 9 S.C.R. 735 · Decided: 25-07-2019 · Supreme Court of India · Bench: D.Y. CHANDRACHUD · Disposal: Appeal(s) allowed

Cited by 7 judgment(s) · cites 4 · see the full citation network in Lexace

Judgment (excerpt)

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SANJEEV KUMAR GUPTA
v.
THE STATE OF UTTAR PRADESH AND ANR.
(Criminal Appeal No. 1081 of 2019)
JULY 25, 2019
[DR. DHANANJAYA Y. CHANDRACHUD AND
INDIRA BANERJEE, JJ.]
Juvenile Justice (Care and Protection of Children) Act, 2000:
s.7A – Prosecution case was that son of the complainant was
murdered after a demand for ransom – Second respondent was
arrested during the course of investigation – Claim for juvenility
under 2000 Act – Basis was matriculation certificate issued by CBSE
– When matter travelled upto Juvenile Justice Board (JJB), the claim
of juvenility was rejected – JJB also observed that while obtaining
a driving license and an Aadhaar card, second respondent had
declared his date of birth as 17.12.1995 and on that basis he was
not juvenile on the date of incident – On revision, High Court
allowed the claim of juvenility on the ground that matriculation
certificate issued by CBSE would have to be given precedence over
any other evidence of the date of birth by virtue of r.12(3)(a) –
Appeal by complainant – Held: Cl. (a) of r.12(3) provides that for
the purpose of seeking evidence in the enquiry, the documents that
have to be obtained are matriculation or equivalent certificate, if
available; and in its absence date of birth certificate from the school
first attended; and in its absence, birth certificate given by a
corporation, municipal authority or panchayat – Thus, cl. (a) of
r.12(3) contains a hierarchical ordering, evident from the use of the
language “in the absence whereof” – This indicates that a
matriculation or equivalent certificate is given precedence – In the
instant case, the date of birth which was forwarded in the roll of
students of the school where the second respondent was a student
from Class V to Class X was the sole basis of date of birth recorded
in the matriculation certificate – The said date of birth was without
any underlying document, as stated by the Principal in the course
of the enquiry before the JJB and, therefore, cannot be accepted as
   [2019] 9 S.C.R. 735
735
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SUPREME COURT REPORTS
[2019] 9 S.C.R.
authentic or credible – The date of birth in the school first attended
by second respondent and the transfer certificate of that school
contained the date of birth as 17.12.1995 which matched with the
the date of birth which was voluntarily disclosed by the second
respondent while obtaining Aadhar card and also driving licence –
Once it is held that the date of birth of the second respondent is
17.12.1995, he is not entitled to the claim of juvenility as on the
date of the alleged incident which took place on 18.08.2015 – The
order passed by the Sessions Judge, confirming the decision of the
JJB rejecting the claim of juvenility is accordingly maintained –
Juvenile Justice (Care and Protection of Children) Rules, 2007 –
r.12(3).
Allowing the appeal, the Court
HELD: 1.  Section 7A of the Act of 2000 provides the
procedure to be followed when a claim of juvenility is raised before
a court.  Upon a claim being raised that an accused was a juvenile
on the date of the commission of the offence, the Court is required
to make an enquiry, take evidence and to determine the age of
the person.  The court has to record a finding whether the person
is a juvenile or a child, stating the age as nearly as may be.  Rule
12(3) of the Rules of 2007 contains a procedural provision
governing the determination of age by the Court or by the Board.
Clause (a) of Rule 12(3) provides that for the purpose of seeking
evidence in the enquiry, the following documents would have to
be obtained: matriculation or equivalent certificate if available;
in the absence of (i), the date of birth certificate from the school
first attended; and in the absence; (ii) the birth certificate given
by a corporation, municipal authority or panchayat. Clause (a) of
Rule 12(3) contains a hierarchical ordering, evident from the use
of the language “in the absence whereof”.  The matriculation
certificate is given precedence. It is in the absence of a
matriculation certificate that the date of birth certificate of the
school first attended, can be relied upon.  It is in the absence of
both the matriculation and the birth certificates of the first school
attended that a birth certificate issued by the corporation,
municipal authority or panchayat could be obtained. [Para 10]
[743-A, F; 744-F-H; 745-A-B]
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2.  The deposition of the school Headmaster indicated that
the second re

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