A bench of Justices Ajay Rastogi and JB Pardiwala ruled that medical evidence proved that the accused had attained18 years of age at the time of commission of offence and medical opinion will be considered as conclusive evidence in the absence of any other proof.
“Medical opinion regarding age in absence of any other conclusive evidence should be considered to determine the age range of the accused. hether medical evidence can be relied upon or not depends on value of evidence. Thus, order passed by CJM Kathua is set aside and thus the accused is held not to be a juvenile at the time of crime,” the Court said.
The judgment was passed on an appeal filed by the Union Territory of Jammu and Kashmir against an order delivered in this regard by the Jammu and Kashmir High Court.
The High Court had affirmed an order of the trial court which found the main accused to be a juvenile.
Source: Barandbench
