The Delhi High Court has ordered re-trial of a rape accused, who was acquitted by a lower court on grounds of juvenility. ‘The high court reversed the order of an Additional Sessions Judge, saying that verification of age proof was not according to procedure — a fact not noticed by the judge.
In a rape case of the year 2011, the ASJ had declared the accused ‘a juvenile’ and acquitted him by relying on a birth certificate issued by the Municipal Corporation of Delhi (MCD) over the date mentioned in the attendance register of the school he attended, which is in violation of established precedence.
Justice GP Mittal noted, "The ASJ did not give any reason as to why the date of birth or certificate issued by the school first attended was rejected. Thus, the order passed by the ASJ cannot be sustained and is set aside. The case is remanded back to the ASJ."
Going by the Registrar (Births & Deaths) of the MCD, the case was sent to the Juvenile Justice Board, which also acquitted the accused of rape, declaring him less than 18 years of age.
The victim, who had alleged that the accused had sexual intercourse with her on pretext of marrying her, appealed in high court. The victim also alleged that the accused indulged in a carnal intercourse with her, which is against the order of nature.
Justice Mittal directed that the juvenility be decided according to Rule 12 of the Juvenile Justice (Care & Protection of Children) Rules, 2007, as interpreted by the Supreme Court.
First preference will be given to matriculation certificate or its equivalents; if it is not available, then date of birth as mentioned in the attendance register of the school first attended will be relied upon.