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Bombay High Court orders inquiry against police officer after juvenile prosecuted as adult

The petition pointed out that the juvenile had been taken into custody in August 2021 when he was 16 years old for alleged offences under the Indian Penal Code, Arms Act and Maharashtra Police Act.

He had initially been produced before the JJB where he was asked to produce age-related documents of his son. In the meantime, he was remanded to children observation home.

His father submitted the original school leaving certificate and Aadhar card to show the juvenile’s date of birth to the Dindoshi police inspector, who was conducting the investigation in the case.

The inspector demanded ₹50,000 which the father could not pay due to his poor economic condition.

Thereafter, the inspector filed an application for conduct of medical examination to ascertain the age of the juvenile.

After the application was allowed on August 26, 2021, the hospital certified that the boy was aged 20-21 years though the results of his ossification test were pending.

On November 3, 2021, the JJB directed the juvenile to be produced before the Metropolitan Magistrate who remanded him to Thane Central Prison.

Aggrieved by the orders of the JJB and the Magistrate orders, the juvenile’s father filed the present petition alleging that the police acted out of malafides since the bribe they had demanded was not paid and, therefore, did not produce the documents which showed the juvenility of the petitioner.

Source: Barandbench

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