Driving certificate

Learner’s driving license, voter’s card not to be used to determine age of minor: High Court

Ali’s lawyer argued in the High Court that the magistrates’ court had relied on his voter card that his date of birth was April 7, 1994, thus making him a major in the election. commission of the crime. (PTI)

Judge Rahul Chaturvedi made the observation when quashing an order of a special court in Bulandshahr which dismissed an application filed on behalf of a Naushad Ali, convicted of rape under the POCSO Act, for declaring him a minor.

  • PTI Allahabad
  • Last update:April 12, 2022, 11:37 p.m. HST
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The Allahabad High Court observed that driver’s license and voter ID card should not be taken into consideration when determining the age of a minor in conflict with the law. Judge Rahul Chaturvedi made the observation when quashing an order of a special court in Bulandshahr which dismissed an application filed on behalf of a Naushad Ali, convicted of rape under the POCSO Act, for declaring him a minor.

Ali’s lawyer argued in the High Court that the magistrates’ court had relied on his voter card that his date of birth was April 7, 1994, thus making him a major in the election. commission of the crime. The lawyer maintained that he passed the high school exam in 2015 and in the certificate his date of birth is mentioned as March 4, 2001, but the special court disregarded this.

After hearing from the parties’ lawyers on Friday, the High Court observed: ‘The learned Special Judge, POCSO Act made a serious error of law in relying on the Revisionist’s (Ali) learner’s (driving) license. and the voter’s identity card, since none of these documents should be taken into account when determining the age of a minor.” “When in the secondary school certificate the age of the revisionist is mentioned, which is available before the learned special judge, POCSO law, he must determine the age of the revisionist after taking into account the only high school certificate, but he did not do so and wrongly rejected the allegation of juvenile by relying on documents which are not classified under the Juvenile Justice Act,” the high court observed.

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