it is apparent that for the purpose of remanding an accused either to an Observation Home or to a jail, the court or the Juvenile Justice Board, as the case may be, prima facie will come to a conclusion about the juvenility or otherwise of an accused either on the basis of physical appearances of accused or by looking into the documents, if available at that time. However, for determining the age of an accused for deciding the claim of his juvenility, the procedures prescribed under Rule 12(3) of the Rules are required to be necessarily followed. At the first instance, a court or the Juvenile Justice Board or a Child Welfare Committee is obliged to examine the matriculation or equivalent certificate and if that is available, then determination of age is required to be made as per the entry made in that certificate, but in absence of matriculation or equivalent certificate, the age can be determined by looking into the date of birth certificate issued by the school ( excluding the play school), which was first attended by the accused; and in absence thereof, the birth certificate issued either by a Corporation or a Municipal authority or a Gram Panchayat is required to be looked into. If any of the above three types of documents are not available, only in that case the medical opinion is required to be obtained by getting a Medical Board constituted. The procedure prescribed under Rule 12 of the Rules is required to be strictly followed for the purpose of determination of age of an accused claiming to be child or juvenile or juvenile in conflict with law. Rule 12 (5) of the Rules, save and except in the case of Section 7A or Section 64 of the Act and these Rules, prohibits any further inquiry either by the court or the Board for deciding the age of a child or juvenile. The certificates or any documentary proof referred to in Rule 12(3) of the Rules are required to be taken as conclusive proof of age. Any other documents, except the documents referred to in rule 12(3) of the Rules cannot be taken into consideration for determination of age either of juvenile or child or juvenile in conflict
