Raju @ Vijay s/o Daulji Ahirwar V/s State of M.P & one another

Madhya Pradesh High Court (Single Judge)

Criminal Appeal, 5475 of 2020, Judgment Date: Jun 10, 2021

Law laid down - 

The procedure prescribed under section 94 of the Juvenile Justice (Care and Protection of Children) Act, 2015 is to be adopted by the committee or board but where the accused claiming himself to be "Child in conflict with law" is produced before the Magistrate or Sessions Court empowered under Cr.P.C.to conduct trail and an objection is raised about juvenility at the time of commission of offence, the procedure prescribed under section 9 (2) of the JJ Act, 2015 is liable to be followed. Sub section (2) of section 9 provides a formal enquiry, taking of evidence as may be necessary to determine the age.

Since this issue is related to the juvenility of an accused, hence provisions of the section 94 (2) of the JJ Act about the date of birth recorded in the birth certificate or matriculation or equivalent certificate from the concerned board cannot be ignored by the Magistrate / Sessions court while conducting enquiry as contemplated under section 9(2) of JJ Act, 2015 .

Raju @ Vijay s/o Daulji Ahirwar V/s State of M.P & one another