SC: Hyper-technical approach be avoided in deciding juvenility claim

In a significant verdict, the Supreme Court on Thursday said that a hypertechnical approach be avoided in determining the juvenility claim of an accused in criminal cases, and if two views are possible, then courts should lean in favor of holding the accused to be a minor in borderline cases.

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NEW DELHI:

The top court's verdict came while dismissing an appeal of one Rishipal Solanki, son of the victim, challenging the Allahabad High Court verdict that had upheld the findings of the courts below that the one of the accused was a minor at the time of the commission of the offense.

A bench comprising justices D Y Chandrachud and B V Nagarathna examined in detail the catena of judgements on ascertaining the juvenilty claim of the accused in a criminal case and summarised the findings.

This court observed that while considering the question as to the determination of the age of an accused of the purpose of ascertaining whether he is a juvenile or not, a hyper-technical approach should not be adopted while appreciating the evidence adduced in support of the plea that he was a juvenile and, if two views may be possible, the Court should lean in favor of holding the accused to be a juvenile in borderline cases, the 60-page judgement said.