The Allahabad High Court has held that Learning Driving License and Voter I.D. Card cannot be considered while ascertaining the age of juvenille.
The single-judge bench of in this view allowed a criminal revision while quashing the order of Special Judge, POCSO Act wherein revisionist's application to declare him juvenile was rejected.
The Counsel for the revisionist High School Certificate in which his birth date has been mentioned. He submitted that the learned Special Judge while determining the age of revisionist has not taken into account the either of the documents as enumerated in Section 94(2) of the Juvenile Justice Act, 2015 and declined to declare him juvenile.
The Court noted that the Special Judge grossly erred in law while relying upon the Learning License of the revisionist and Voter I.D. Card, because none of these documents should be taken into account while determining the age of a juvenile.
Setting aside the impugned order, the Court remarked that the Learned Judge should have ascertained the age of the revisionist-accused on the basis of birth-certificate.
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