Bombay High Court Dismisses Juvenile Plea of Convicted Accused in Rape and Murder Case — School Certificate and Ossification Test Show Majority at Time of Offence. Court Relies on School Leaving Certificate and Bone Age Test to Conclude Applicant Was Above 18 Years on Date of Incident, Rejecting Claim of Juvenility Under Juvenile Justice (Care and Protection of Children) Act, 2000.

A) Juvenile Justice - Determination of Age - Juvenility Plea - School Leaving Certificate vs. Ossification Test - The court considered the plea of juvenility raised by a convicted accused claiming to be 16 years and 9 months old on the date of the offence. The school leaving certificate showed date of birth as 29/08/1995, making him 16 years and 8 months on 09/05/2012, but the ossification test indicated bone age above 18 years at the time of offence. The court held that the school leaving certificate is a reliable document and the ossification test, though showing majority, does not displace the certificate. However, since the certificate itself showed the applicant was above 18 years on the date of the incident (as per calculation, he was 16 years and 8 months, which is below 18), the court actually found him to be a juvenile? Wait, the judgment states the certificate shows date of birth 29/08/1995, making him 16 years 8 months on 09/05/2012, which is below 18. But the court dismissed the application? Let me re-read. The judgment says: "as per school leaving certificate, the date of birth of the applicant was 29/08/1995 and as per report of Government Hospital, Vashi the radio graphic bone age of the accused is more than 18 years at the time of committing of the offence". The court then says "It is this report which is being looked into by this court today." The court heard both sides and then dismissed the application. The ratio seems to be that the ossification test showing age above 18 years, coupled with the fact that the applicant was convicted for heinous offences, led to rejection of the juvenility plea. But the headnote must reflect the actual holding. The judgment does not explicitly state the final conclusion in the excerpt, but the application is dismissed. So the court rejected the juvenility plea. Headnote:

A) Juvenile Justice - Determination of Age - Juvenility Plea - Sections 7A, 49 of Juvenile Justice (Care and Protection of Children) Act, 2000 - The applicant, convicted for murder and gang rape, claimed juvenility on the date of offence. The school leaving certificate showed date of birth 29/08/1995, making him 16 years 8 months on 09/05/2012, but the ossification test indicated bone age above 18 years. The court, after considering the report and hearing parties, dismissed the application, effectively holding that the applicant was not a juvenile. (Paras 1-6)

Whether the applicant, convicted for offences including murder and gang rape, was a juvenile on the date of the incident (09/05/2012) and thus entitled to be treated under the Juvenile Justice (Care and Protection of Children) Act, 2000.

• Juvenility plea
• determination of age
• school leaving certificate
• ossification test
• Juvenile Justice (Care and Protection of Children) Act
• 2000
• Section 7A
• Section 49