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by Admin
06 December 2025 7:01 AM
“A cavalier or casual approach to juvenility in cases of grave offences like murder cannot be permitted” — Apex Court warns against misuse of juvenile protections. In a significant ruling on August 1, 2025, the Supreme Court of India overturned the findings of both the Trial Court and the Allahabad High Court, which had wrongly declared Devi Singh, an accused in a brutal murder case, as a juvenile. The Court categorically held that “the declaration of juvenility was plainly improper” and ordered that the accused be tried as an adult.
The Bench comprising Justice Pankaj Mithal and Justice Ahsanuddin Amanullah emphasized that statutory protection under the Juvenile Justice Act cannot be allowed to be misused based on fabricated or unverified records, particularly in cases involving heinous crimes.
“Juvenile Justice Act Cannot Be a Shield for Adults in Heinous Crimes”
The judgment arose from a murder incident dated 31 August 2011, in which Rajesh Singh, brother of the appellant Suresh, was allegedly shot dead by his uncle Lillu Singh and cousin Devi Singh. The accused later claimed juvenility, citing a school-issued transfer certificate stating his date of birth as 18 April 1995, thereby making him 16 years and 4 months old at the time of the crime.
However, the Supreme Court found this document fundamentally flawed. As the Court noted:
“The birth-date entry was made on the basis of an oral representation alone by Respondent No.2’s father… when asked for the horoscope or any other document in support, nothing was submitted.” [Para 23]
The certificate was issued by Kaushik Modern Public School, a privately recognized institution, and the Court ruled that it did not qualify as a public document under Sections 35 and 74 of the Indian Evidence Act, 1872. Moreover, the Principal’s own deposition disclosed that the date was recorded without any verification.
A Clash of Records: School Documents vs Public Evidence
While the lower courts accepted the school records as conclusive, the Supreme Court found ample credible evidence contradicting the accused’s claim:
“The Appellant produced the relevant page from a Family Register maintained under the U.P. Panchayat Raj Act, 1947 which records the year of birth of the Respondent No.2 as 1991… and the Voters’ List of 2012 showed his age as 21.” [Paras 18–22]
Additionally, a Medical Board constituted by the Trial Court had determined the age of Devi Singh to be 22 years as of December 1, 2012, placing him well above 18 years at the time of the offence.
The Court gave clear preference to these sources:
“Greater evidentiary value must be accorded to statutory public documents over private school records, particularly where the latter are unsupported and questionable.” [Para 21]
The Court leaned on precedent from Om Prakash v. State of Rajasthan (2012) 5 SCC 201, which warned:
“An accused cannot be allowed to abuse the statutory protection by attempting to prove himself as a minor when the documentary evidence… gives rise to a reasonable doubt about his assertion of minority.” [Para 23]
Sequential Safeguards of Rule 12(3) of JJ Rules Ignored by Lower Courts
The Supreme Court underlined that Rule 12(3) of the Juvenile Justice (Care and Protection of Children) Rules, 2007 establishes a clear hierarchy for age determination:
Matriculation certificate
Birth certificate from the first school
Certificate issued by a municipality or panchayat
In absence of all above — medical opinion
However, the lower courts failed to appreciate that the school certificate — the second option — was inherently unreliable. The Bench observed:
“As no 'matriculation certificate' was available, the school certificate from Kaushik School was taken as conclusive. But the deposition of the Headmaster, especially that the birth-date was based on oral representation, renders the document unreliable.” [Para 24]
Accordingly, the Court concluded:
“The certificate issued by Kaushik Modern Public School, Khurgaon could not have been taken as conclusive proof of date of birth… the declaration of Respondent No.2 as a ‘juvenile’ was plainly improper.” [Para 25–26]
Supreme Court Orders Fresh Trial as Adult; Cancels Previous Release
In a sharp rebuke of the earlier proceedings, the Supreme Court set aside both the Trial Court’s order (dated 19.05.2015) and the High Court’s confirmation (dated 29.03.2016). It declared:
“Respondent No.2 is held to have been a major as on the date of commission of the alleged offence and liable to be tried as a major.” [Para 26]
Further directions included:
Trial to be concluded by July 2026, with proceedings to be conducted afresh and on their own merits.
Devi Singh must appear before the Trial Court within three weeks, failing which coercive steps may be taken.
His earlier release by the Juvenile Justice Board was also quashed, though the Court clarified:
“If the trial results in conviction, benefit of set-off in relation to 3 years shall be afforded to Respondent No.2.” [Para 29
“Juvenile Justice Act is for Innocent Law-Breakers, Not Manipulative Offenders” — Court Cautions Against Systemic Abuse
Citing extensively from Om Prakash v. State of Rajasthan, the Supreme Court issued a broader warning about the systemic abuse of juvenile protections:
“The statutory protection of the Juvenile Justice Act is meant for minors who are innocent law-breakers and not for the accused of matured mind who use the plea of minority as a ploy or shield to protect themselves from the sentence.” [Para 33, Om Prakash]
And finally, in a stern note of caution:
“The Juvenile Justice Act cannot be allowed to be used as a ploy to dupe the course of justice while conducting the trial and treatment of heinous offences.” [Para 38, Om Prakash]
Date of Decision: August 1, 2025
