Jarnail Singh v. State of Haryana
Supreme Court of India2013 INSC 378; MANU/SC/0626/2013; (2013) 7 SCC 263Bench: J. Anil R. Dave, J. Ibrahim Kalifulla
The Supreme Court held that the age-determination procedure prescribed under the Juvenile Justice (Care and Protection of Children) Rules is applicable not only to accused juveniles but also to child victims under POCSO. The procedure is: (1) Birth certificate from municipal authority / school records — first priority. (2) Date of birth certificate from school — second priority. (3) If both unavailable, medical evidence (ossification test / X-ray). Medical evidence alone is not conclusive on age — it gives a range; documentary evidence has primacy. The Court also held that where age is in doubt, benefit of doubt must go in favour of the victim being a child (i.e., below 18).