Case Note & Summary
The petitioner, Shaikh Azhar @ Shahrukh s/o Shaikh Shikur, filed a Criminal Writ Petition before the Bombay High Court challenging the rejection of his application to be tried as a juvenile. He was facing prosecution for offences under Sections 376(2)(i), 376(2)(n), 506 read with 34 of the Indian Penal Code, Sections 3(1)(12), 3(2)(5) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, and Section 4 of the Protection of Children from Sexual Offences Act. The petitioner contended that he was below 18 years of age at the time of the alleged incident and thus should be treated as a juvenile. He had filed an application before the Juvenile Justice Board, which was rejected on 03.11.2016. His appeal before the Sessions Court (Criminal Appeal No.66 of 2016) was also dismissed on 15.12.2016. The petitioner argued that the ossification test, conducted about one year after the incident, indicated his age between 18.5 to 19.5 years, and with a margin of error of two years, his age at the time of the incident could be below 18 years. The State opposed the petition, submitting that the lower courts had correctly rejected the claim. The High Court, after hearing both sides, dismissed the petition, holding that the margin of error cannot be applied to reduce the age below 18 years when the test was conducted near the incident date and the petitioner failed to produce school records or other reliable evidence. The court found no merit in the petition and upheld the orders of the lower courts.
Headnote
A) Juvenile Justice - Age Determination - Ossification Test - Margin of Error - The petitioner claimed juvenility based on ossification test conducted about one year after the incident, showing age between 18.5 to 19.5 years. The court held that the margin of error of two years cannot be applied to reduce the age below 18 years at the time of the incident, as the test was conducted near the incident date and the petitioner failed to produce school records or other reliable evidence. The Juvenile Justice Board and Sessions Court correctly rejected the claim. (Paras 1-4)
Issue of Consideration
Whether the petitioner, accused of rape and other offences, should be treated as a juvenile based on ossification test results showing age between 18.5 to 19.5 years at the time of test, conducted about one year after the incident.
Final Decision
The High Court dismissed the criminal writ petition, upholding the orders of the Juvenile Justice Board and Sessions Court rejecting the petitioner's claim to be treated as a juvenile.
Law Points
- Juvenile justice
- age determination
- ossification test
- margin of error
- burden of proof
