Court Directs Action Against School Principal and Investigating Officer for Evidence Suppression in Habeas Corpus Case
In a significant judgment, the Madhya Pradesh High Court has dismissed a habeas corpus petition filed by Ravi Prajapati, directing that the corpus, found to be a minor, continue her stay at the One Stop Center in Guna until she reaches the age of majority. The court also issued directions to the Director General of Police to consider taking action against the school principal and the investigating officer for their role in suppressing evidence regarding the corpus's date of birth.
The case revolved around the determination of the corpus's age, which was pivotal to the legal proceedings against the petitioner, Ravi Prajapati. The petitioner claimed that the corpus was major and sought her release from the One Stop Center. However, multiple official documents, including birth certificates and government-issued certificates, established the corpus's date of birth as February 10, 2009, thereby confirming her status as a minor.
The court, presided over by Justices G.S. Ahluwalia and Anuradha Shukla, found that the principal of Naveen Vidya Mandir Higher Secondary School and the investigating officer had suppressed material evidence related to the corpus's age, facilitating doubt over her minor status. The principal had issued a certificate based on outdated admission records, ignoring amended entries that reflected the correct date of birth. The investigating officer, on the other hand, failed to incorporate these crucial documents in the charge sheet, leading to the petitioner's acquittal by the trial court due to insufficient evidence on the corpus's age.
Justice Ahluwalia highlighted the importance of accurate documentation under the Juvenile Justice (Care and Protection of Children) Act, 2015, which mandates the use of school records as authentic evidence for determining a juvenile's age. The court emphasized the necessity of holding the responsible parties accountable to prevent the miscarriage of justice, especially in cases involving minors.
Furthermore, the judgment acknowledged a pending criminal appeal against the petitioner's acquittal, suggesting the possibility for the state to introduce additional evidence based on the new findings. The court refrained from commenting on the appeal but directed the office to forward a copy of the judgment to the Indore Bench handling the appeal.
The High Court has mandated the Director General of Police to decide on potential disciplinary actions against the principal and investigating officer within a month and submit a report to the court. The judgment underscores the state's commitment to safeguarding the dignity and rights of minors, warning against any negligence or hostile attitudes from authorities in such sensitive cases.
The petition, while dismissed, has set a precedent for accountability and thoroughness in legal proceedings involving minors, ensuring that their rights are upheld and protected under the law.
Bottom line:-
Habeas Corpus petition dismissed with directions for corpus, found to be a minor, to continue in One Stop Center until attaining majority. Directions issued to Director General of Police to consider actions against the Principal of the school and the Investigating Officer for suppressing evidence regarding the corpus's date of birth.
Statutory provision(s): Juvenile Justice (Care and Protection of Children) Act, 2015 Section 94