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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2024 (@ SLP(Crl.) No.12707/2023)
DAYANAD LOHRA APPELLANT(S)
VERSUS
THE STATE OF JHARKHAND RESPONDENT(S)
O R D E R
1. Leave granted.
2. This appeal has been filed assailing the impugned judgment of
the High Court by which a fresh direction was issued to the
Juvenile Justice Board to send the appellant to the Medical
Board for the determination of his age, after setting aside
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the judgment of the Trial Court which held that the appellant
was a juvenile at the time of the alleged incident, and while
disregarding the matriculation certificate.
3. Learned counsel appearing for the appellant submitted that the
writ petition was filed at the instance of the complainant.
The Trial Court had given its cogent reasoning after examining
all the witnesses, by invoking the power available under
Section 7A of the Juvenile Justice (Care and Protection of
Children) Act, 2000.
4. The High Court ought not to have undertaken the exercise as
there is no dispute with respect to the issuance of the
certificate by the public authorities. The said certificate is
a matriculation certificate. Apart from the same, the other
documents on record also indicate that the appellant was a
juvenile at the relevant point of time.
5. The Trial Court took into consider...