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Sikander Mahto v. Tunna alias Tunnu Mian alias Tunna Mian alias Mobin Ansari and Another

Criminal Appeal · Neutral citation not assigned (Criminal Appeal No. 511 of 2014)Decided 27 Feb 2014
Criminal Appeal No. 511 of 2014
Chief Justice P. Sathasivam · Justice Ranjan Gogoi

Background

An accused facing murder, rape and related charges claimed juvenile status using a school certificate showing birth in 1991. The High Court accepted the claim after a medical age estimate. The victim's father produced records from another school and challenged the authenticity of the certificate relied upon.

Decision Breakdown

The Court required both school principals to attend with original records. Those records showed that the accused had never attended the school that purportedly certified the 1991 birth date, while his actual school admission register recorded 28 November 1985. He was therefore about twenty-one at the time of the alleged offence and was not a juvenile. The Court set aside the High Court's order and restored the trial court's rejection of the juvenile claim, without deciding the criminal charges themselves.

Lesson Learnt

A claimed birth date must withstand verification against authentic school records. A medical estimate does not establish juvenile status when reliable original records demonstrate that the accused was already an adult.

Official source (sci.gov.in)View Judgment (PDF)

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