Dhanjuram Tandan vs State Of Chhattisgarh on 5 August, 2024
33.5. That the procedure of an inquiry by a Court is
not the same thing as declaring the age of the person
as a juvenile sought before the JJ Board when the
case is pending for trial before the concerned criminal
court. In case of an inquiry, the Court records a prima
facie conclusion but when there is a determination of
age as per sub-section (2) of section 94 of 2015 Act,
a declaration is made on the basis of evidence. Also
the age recorded by the JJ Board shall be deemed to
be the true age of the person brought before it. Thus,
the standard of proof in an inquiry is different from
that required in a proceeding where the determination
and declaration of the age of a person has to be
made on the basis of evidence scrutinised and
accepted only if worthy of such acceptance.
33.6. That it is neither feasible nor desirable to lay
down an abstract formula to determine the age of a
person. It has to be on the basis of the material on
8
record and on appreciation of evidence adduced by In
the case of Rishipal Singh Solanki Vs. State of
Uttar Pradesh & others, (2022) 8 SCC 602, the
Hon'ble Supreme Court observed in para 33 as
under:the parties in each case.