Case Note & Summary
The appellant, Amit @ Bapu Nanasaheb Bhandwalkar, was convicted in a criminal case and filed Criminal Appeal No. 38 of 2005 before the Bombay High Court. During the appeal, he filed Criminal Application No. 4389 of 2005 claiming that he was a juvenile on the date of the offence, having been born on 6/7/1983. The court directed the Additional Sessions Judge at Pune to conduct an inquiry into the appellant's age. The appellant examined four witnesses: the Principal of Purandar Jr. Vocational College (who produced the school register showing date of birth as 6/7/1983), the Gram Sevak of village New Kopare (who produced the birth register but the entry was not clear), the appellant's mother (who testified about his birth), and another witness. The prosecution examined two witnesses. The Additional Sessions Judge held that the appellant failed to prove his date of birth as 6/7/1983. The High Court, in this judgment, confirmed that finding and dismissed the appeal. The court noted that the school register entry was not supported by any birth certificate or other corroborative evidence, and the mother's testimony was not consistent. Therefore, the appellant could not establish that he was a juvenile on the date of the offence.
Headnote
A) Criminal Law - Age Determination - Burden of Proof - Juvenile Justice (Care and Protection of Children) Act, 2000 - The appellant claimed juvenility based on birth date 6/7/1983. The court held that the appellant failed to discharge the burden of proof as the school register entry was not corroborated by birth certificate or other reliable evidence, and the mother's testimony was inconsistent. (Paras 1-2)
Issue of Consideration
Whether the appellant has proved that he was a juvenile (below 18 years) on the date of the offence, i.e., whether he was born on 6/7/1983 as claimed.
Final Decision
The appeal is dismissed. The finding of the Additional Sessions Judge that the appellant failed to prove his date of birth as 6/7/1983 is confirmed.
Law Points
- Age determination
- burden of proof
- juvenility
- standard of proof
- evidence appreciation
