Rasana Case: HC upheld CJM's order declaring one Juvnile

13/10/2019

JAMMU, OCT 12: In a much publicized Rasana rape and murder case, Justice Tashi Rabstan of J&K High Court dismissing the revision filed by the State Revision Petition is filed under Section 52 of the J&K Juvenile Justice (Care and Protection of Children) Act, 2013 (for short, 'the Act of 2013) questioning order dated 27.03.2018 passed by the Chief Judicial Magistrate, Kathua thereby ascertaining the date of birth of the respondent as 23.10.2002 and declaring him to be a juvenile under the Act of 2013.
Justice Tashi Rabstan after hearing Sr. AAG HA Siddiqui for the State Admittedly, the date of birth of the respondent in the Municipal record as well as school record is shown as 23.10.2002, meaning thereby on the date of registration of the FIR, he was below the age of 18 years. Moreso, the petitioners have not denied the authenticity of the aforesaid record. Once there is clear proof of the respondent in the shape of birth certificate of the Municipal Committee and certificate issued by the school authority, the medical examination regarding the age of the respondent automatically loses its significance.
Justice Tashi Rabstan further observed that It is admitted by the petitioners that the scope of Revision is the same as the scope of Revision under Code of Criminal Procedure. Section 52 of Juvenile Justice Act, 20313 referred to by the petitioners also refers to the facts that Court has to satisfy itself as to the legality and propriety of any such order, as such, the factual findings of fact cannot be upset by the Court unless and until it is found to be perverse.
In the present case where factual finding has been given by the Court below, therefore, there is no illegality or impropriety in the order, as such, there is no question of interference with the findings of the Court below. With these observations Court dismiss petition filed by the State. JNF

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