Jarnail Singh v. State of Haryana, (2013) 7 SCC 263
Criminal Law
Juvenile Justice and Children's Acts
R. 12 - Juveniles whose age may be determined by procedure specified under - Juvenile/minor victims of crime -
Determination of minor's age - Procedure for - Held, R. 12 should be basis of determining age, both for a child in conflict
with law and a child who is victim of crime - Case of kidnapping and gang rape - Age of prosecutrix - Determination of, by
adopting procedure under R. 12 - Held, under R. 12, age of a child is ascertained by adopting first available basis out of
a number of options postulated in R. 12(3) - If, in scheme of options under R. 12(3), an option is expressed in a
preceding clause, it has overriding effect over an option expressed in a subsequent clause - Highest rated option
available would conclusively determine age of a minor - In scheme contemplated under R. 12(3) it is not permissible to
determine age in any other manner, and certainly not on the basis of an option mentioned in a subsequent clause
- In
instant case of kidnapping and gang rape, it would be just and appropriate to apply R. 12 to determine age of prosecutrix
- In facts and circumstances, following scheme of R. 12, 2007 Rules, it is established that prosecutrix was a minor on
date of occurrence on the basis of her date of birth entered in the school records, as reflected in birth certificate Ext. PG,
duly proved by Headmaster of School, (2013) 7 SCC 263-A
Criminal Law
Penal Code, 1860
Ss. 376(2)(g), 366 and 120-B - Kidnapping and gang rape of a minor - Sole clear and consistent testimony of
prosecutrix of forcible gang rape substantially corroborated by medical and forensic evidence - Defence plea of
consensual sexual intercourse, held, was inconsequential as prosecutrix was a minor - Substantial material on record
corroborating statement of prosecutrix that she was abducted and forcibly raped in turn by appellant and three others -
Conviction confirmed - Sentence of 10 yrs' RI for gang rape, 7 yrs' RI for abduction and 7 yrs' RI for conspiracy,
confirmed, (2013) 7 SCC 263-B
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