AP HIGH COURT HELD THAT
Juvenile Justice Act — Plea of juvenility — Determination of age — Reliance on school records — Fake birth certificate rejected (Paras 3–9, 13(1))
Issue: Whether appellant convicted under Section 376AB IPC and Section 6 of the POCSO Act, 2012 was a juvenile on the date of offence.
Facts: Appellant convicted for rape of a 6-year-old girl claimed juvenility by producing a birth certificate showing date of birth as 28.06.2001; however, Juvenile Justice Board, after inquiry, found the certificate to be fake and relied on school records showing date of birth as 22.09.2000.
Held: Under Section 94 of the Juvenile Justice (Care and Protection of Children) Act, 2015, age determined by Juvenile Justice Board based on authentic records is presumed correct; appellant was not a juvenile on date of offence and had to be treated as an adult. (Paras 3–9, 13(1))
Forgery — Fake document produced in judicial proceedings — Scope of Sections 195 Cr.P.C./215 BNSS and 340 Cr.P.C./379 BNSS — Prior fabrication — Police prosecution permissible (Paras 11(iv)–(vi), 12–13)
Issue: Whether Court complaint under Section 340 Cr.P.C. is mandatory where forged document was fabricated before production in Court.
Facts: Appellant relied upon a fabricated birth certificate in judicial proceedings to claim juvenility; inquiry by Juvenile Justice Board and hospital authorities established that certificate was fake and never issued by Government General Hospital, Guntur.
Held: Following Iqbal Singh Marwah v. Meenakshi Marwah, bar under Section 195 Cr.P.C. applies only where forgery is committed after document comes into custodia legis; where fabrication occurred prior to production before Court, police prosecution is maintainable without resort to Section 340 Cr.P.C. procedure. (Paras 11(iv)–(vi), 12–13)
Judicial proceedings — Production of fake document — Direction for criminal prosecution — Accountability of persons involved (Paras 10–13)
Issue: Whether action should be initiated against persons producing fabricated birth certificate before Court.
Facts: Appellant filed notarized affidavit and relied upon fake birth certificate to establish juvenility despite contradictory Aadhaar and school records; Juvenile Justice Board confirmed fabrication after examining hospital authorities.
Held: Production and use of fabricated document in judicial proceedings affects administration of justice and cannot be ignored; Court directed transmission of material to Superintendent of Police, Guntur for investigation and prosecution against all persons involved in fabrication of birth certificate. (Paras 10–13)
