Om Prakash vs State of Rajasthan and ors. (2012) 5 SCC 201 Hon’ble Court held that the court must be sensitive in dealing with the Juvenile who is involved in cases of serious nature like Sexual Molestation Rape, Gang rape , Murder and host of other offences, that is cannot be allowed to abuse the statutory protection by attempting to prove himself as a minor when the documentary evidence to prove his minority gives rise to a reasonable doubt about his assertion of minority. Under such circumstance, the medical evidence based on scientific investigation will have to be given due with and precedence over the evidence based on school administration records which give rise to hypothesis and speculation about the age of the accused the matter however would stand on a different footing in the academic certificates and school records are alleged to have been with held deliberately with ulterior motive and authenticity of the medical evidence is under challenge by the prosecution.
The plea of juvinility can be taken even at the appellate stage being the benivolent provision of law, so, after amendment benefit can be extended to the juvenile. 2015(2)JLJR SC 367