question of obtaining medical opinion from a duly
constituted Medical Board arises only if the above-mentioned
documents are unavailable, this Court went on to further
observe that only in those cases, where documents
mentioned in Section 12(a) (i) to (iii) of the J.J. Act, 2000 are
found to be fabricated or manipulated, the court, the
Juvenile Justice Board or the Committee need to go for
medical report for age determination. Thus in cases where
documents mentioned in Section 12(a)(i) to (iii) of the J.J.
Act, 2000 are unavailable or where they are found to be
fabricated or manipulated, it is necessary to obtain medical
report for age determination of the accused. In this case the
documents are available but they are, according to the
police, fabricated or manipulated and therefore as per the
above observations of this Court if the fabrication is
confirmed, it is necessary to go for medical report for age
determination of the appellant. Delay cannot act as an
impediment in seeking medical report as Section 7-A of the
J.J. Act, 2000 gives right to an accused to raise the question
of juvenility at any point of time even after disposal of the JUDGMENT case. This has been confirmed in Ashwani Kumar.
Moreover, J.J. Act, 2000 is a beneficient legislation. If two
views are possible scales must tilt in favour of the view that
supports the claim of juvenility. While we acknowledge this
position in law there is a disquieting feature of this case
which cannot be ignored. We have already alluded to the
counter affidavit of Shri R. Srinivasalu, Inspector of Police. If
what is stated in that affidavit is true then the appellant and
his father are guilty of fraud of great magnitude. A case is
registered against the appellant’s father at the Ukkadam
Police Station under Section 467, 471 and 420 of the IPC.
Law will take its own course and the guilty will be adequately
punished if the case is proved against them. Since the case
is being investigated, we do not want to express any opinion
on this aspect. Till the allegations are finally adjudicated
upon and proved, we cannot take registration of the offence
against the appellant.
13. In the circumstances, we direct the police to complete
the investigation in respect of case registered against the
JUDGMENTappellant’s father (and the appellant, if any) within one
month. The charge-sheet, if any, be filed within 15 days
thereafter. After filing of the charge-sheet, the trial court
shall dispose of the case within two months. The case be
disposed of independently and in accordance with law as we
have not expressed any final opinion on the merits of that
case. The trial court shall forward its judgment to this Court
immediately.
14. List the criminal appeal after the trial court’s judgment
is received.