Abhishek Sharma vs State Of Rajasthan

Issue notice, returnable by 22nd July, 2020. Call for the record.

Learned counsel for the petitioner relies on the judgment in the case of Lok Nath Pandey & Anr. Versus State of Uttar Pradesh 2018 (13) SCC 382

where three Judges Bench of the Supreme Court has relied on the Matriculation Certificate for assessing the date of birth and considered the same

for the purpose of Section 12 of the Juvenile Justice (Care and Protection of Children) Rules, 2000.

Learned counsel for the complainant relies on the judgment in Sanjeev Kumar Gupta Versus State of Uttar Pradesh & Anr.: 2019 (12) SCC 370 to

submit that age of a person can also be determined on the basis of the date of birth recorded in the initial classes and if there is any discrepancy

between the date of birth as recorded in the initial classes and the date of birth as recorded in Class-X, the earlier date of birth shall be taken into

consideration. Learned counsel submits that the date of birth of the petitioner as recorded in Class-III of the Government School is recorded as 30th

July, 1994.

In view of the above, matter requires to be examined and the judgments cited by the learned counsel appearing for the complainant does not take into

consideration the larger bench judgment in the case of Lok Nath Pandey (supra).

List this case again on 22nd July, 2020. In the meanwhile, further proceedings with regard to the petitioner shall remain stayed.