Juvenile Board constitutes Medical Board for accused’s age determination

KT NEWS SERVICE. Dated: 5/15/2019 2:49:15 PM

Jammu Bus-Stand grenade attack

JAMMU, May 14 (JNF): In Jammu Bus Stand grenade attack in which 2 persons died and over 30 sustained injuries, Juvenile Justice Board (JJB) comprising Meyank Gupta Principal Magistrate, Nischint Pachnanda and Dr Chesthta Sharma Tuesday directed Superintendent/In-charge Government Medical College Jammu to constitute a Medical Board to ascertain the age of accused.
After hearing CPO Parshant Mahajan with PO Amir Beigh in an application filed by the police, JJB directed Superintendent/ In-charge Govt. Medical College Jammu to constitute a Medical Board comprising a Physiologist, a Dental Examiner and a Radiologist or Forensic Expert, of whom one shall be notified as the Chairperson.
“All the members of the Medical Board shall give their individual finding on age, which shall then be forwarded to the Chairperson of the Board to give the final opinion on the age within a margin of one year. Government Medical College (GMC) Jammu shall give report with the findings on age within 15 days,” JJB directed.
Earlier JJB after hearing CPO Parshant Mahajan at length observed, “From the bare perusal of the provision, it is amply clear that the Board shall decide the question of juvenility on the basis of physical appearance or the documents available. In the case in hand, the Board was made available with certain documents pertaining to the Date of Birth of the JCL (accused) and on the basis of those documents prima facie the age of the JCL on the date of commission of alleged offences was 13 years approximately but from the physical appearance, the JCL appears to be more than 13 years of age.”
Accordingly, the Board directed the conduct of inquiry for the determination of age of the JCL and examined the parents of the JCL as well as the Principal of British Convent School, Yaripora, Kulgam with respect to the certificates issued regarding the Date of Birth of the JCL.
JJB, after going through the documents placed on record pertaining to the Date of Birth of the JCL as well as the statements of parents of JCL and the Principal British Convent School Yaripora, Kulgam, observed, “There is no foundational document as envisaged under Rule 74 sub rule i) and ii) either with the parents of the JCL nor with the Principal British Convent School Yaripora Kulgam on the basis of which the Date of Birth of the JCL has been recorded by the school authorities.”
“Moreover, from the basis of physical appearance of the JCL, he doesn’t seem to be 13 years of age as has been shown on the documents placed on record. We are in agreement with prosecution that in absence of evidence to show on what basis the entry in the admission register of the school was made in the name of the JCL, a mere production of the record, though a public document, in terms of section 35 Evidence Act, was not sufficient to prove the age of the JCL and also is in agreement with the submission of CPO that in absence of any foundational document on the basis of which the Date of Birth of the JCL has been recorded in the school, it is imperative for this Board to refer the alleged JCL to a duly constituted Medical Board consisting of a Physiologist, a Dental Examiner and a Radiologist or a Forensic expert so as to determine the exact age of the JCL so that the investigation in the present FIR / case can be brought to a logical conclusion,” the Juvenile Justice Board held.

 

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