Shekhar Chandrakant Nadkar v. the State of Maharashtra
Case brief
What is this about?
An applicant challenging his conviction as an adult sought a juvenile status determination via an ossification test. The High Court rejected this claim because the applicant produced school certificates proving he was born in October 1986, making him over 19 at the time of the 2006 offence. The court held that documentary evidence precluded a medical opinion.
What did the court decide?
The application for juvenile status and ossification test was rejected; the applicant was found to be an adult at the time of the offence.
What the court decided
6_appa_1008_2015
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.1008 OF 2015 IN
CRIMINAL APPEAL NO.696 OF 2007
Shekhar Chandrakant Nadkar ...Applicant Versus
The State of Maharashtra ...Respondent
Ms Rohini Dandekar, Advocate appointed for the Applicant. Mrs. A.S. Pai, A.P.P. for the Respondent -State.
CORAM: SMT. V.K. TAHILRAMANI & SMT. ANUJA PRABHUDESSAI, JJ
DATED: 29th March, 2016
P.C.:-
Heard both sides.
Issues for consideration
2 issues framed by the court
Whether the petitioner is to be treated as a juvenile given his claim of age below 18 at the time of the offence.
Whether the petitioner can be sent for an ossification test despite the discovery of documentary evidence regarding his date of birth.
Parties & counsel
- applicant
Shekhar Chandrakant Nadkar
- respondent
The State of Maharashtra
Coram
V.K. Tahilramani
Case details
As recorded by the court registry
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