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DAYANAD LOHRA v. THE STATE OF JHARKHAND

Supreme Court of India | Diary 31425/2023

Status

Order

Decided On

2024-11-26

Bench

HON'BLE MR. JUSTICE ARAVIND KUMAR, HON'BLE MR. JUSTICE M.M. SUNDRESH

Petitioner

DAYANAD LOHRA

Respondent

THE STATE OF JHARKHAND

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Full Judgment Text

1

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

2

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...

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