Shailesh Kumar Kadam vs The State Of Madhya Pradesh
2023 Latest Caselaw 4518 MP

                                                            1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT GWALIOR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                               ON THE 21 st OF MARCH, 2023
                                          CRIMINAL REVISION No. 1210 of 2023

                          BETWEEN:-
                          SHAILESH KUMAR KADAM S/O SHRI GOPAL SINGH
                          KADAM, AGED ABOUT 30 YEARS, R/O DABRA GAON
                          DABRA GWALIOR (MADHYA PRADESH)

                                                                                        .....PETITIONER
                          (BY MS.RACHNA SHARMA - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH POLICE
                          STATION DABRA GWALIOR (MADHYA PRADESH)

                                                                                      .....RESPONDENT
                          (BY SHRI PRAMOD PACHOURI - PUBLIC PROSECUTOR)

                                Th is revision coming on for hearing this day, th e court passed the
                          following:
                                                             ORDER

This criminal revision has been filed by the petitioner-complainant under

Sections 397 read with Section 401 of Cr.P.C. against the judgment dated

13.03.2023 passed in criminal appeal No.26/2017 by 4th Additional Sessions Judge, Gwalior, by which application of the petitioner to call the record of Anganwadi was rejected for determination of age.

In brief, criminal case is pending against the present petitioner under Section 376 alongwith POCSO, in which he wants to place on Anganwadi record of prosecutrix. His application was rejected on the ground that prosecution during investigation, she has collected marksheet of prosecutrix of Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 3/21/2023 5:40:15 AM

8th standard alongwith admission register, when she was admitted in the school.

Heard learned counsel for the parties and perused the record of the Court below.

Section 94 of the Juvenile Justice (Care and Protection of Children) Act, 2015 reads as under:-

"94. Presumption and determination of age -(1) Where, it is obvious to the Committee or the Board, based on the appearance of the person brought before it under any of the provisions of this Act (other than for the purpose of giving evidence) that the said person is a child, the Committee or the Board shall record such observation stating the age of the child as nearly as may be and proceed with the inquiry under Section 14 or Section 36, as the case may be, without waiting for further confirmation of the age.

(2) In case, the Committee or the Board has reasonable grounds for doubt regarding whether the person brought before it is a child or not, the Committee or the Board, as the case may be, shall undertake the process of age determination, by seeking evidence by obtaining:-

(i) the date of birth certificate from the school, or the matriculation or equivalent certificate from the concerned examination Board, if available; and in the absence thereof;

(ii) the birth certificate given by a corporation or a municipal authority or a panchayat;

(iii) and only in the absence of (i) and (ii) above, age shall be determined by an ossification test or any other latest medical age determination test conducted on the orders of the Committee or the Board:

Provided such age determination test conducted on the order of the Committee or the Board shall be completed within fifteen days from the date of such order.

(3) The age recorded by the Committee or the Board to Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 3/21/2023 5:40:15 AM

be the age of person so brought before it shall, for the purpose of this Act, be deemed to be the true age of that person."

I n view of above discussion, this Court finds that the order dated

13.03.2023 passed in criminal appeal No.26/2017 by 4th Additional Sessions Judge, Gwalior does not suffer from any illegality, irregularity or impropriety, warranting interference by this Court in revisional jurisdiction.

Accordingly, this criminal revision is dismissed.

(DEEPAK KUMAR AGARWAL) JUDGE Adnan

Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 3/21/2023 5:40:15 AM