CHILDREN ACT [XXXIX OF 1974]

Sections 2(f) and 6—

Although the school certificate regarding the age of the appellant has not been proved in accordance with the Evidence Act but the recording Magistrate of the confessional statement stated the age as being 13-14 years which was corroborated by the evidence of DW 1 and in the absence of  any evidence that the appellant was sent to a certified institute, the appellant was below the age of 16 years at the time of framing charge for which he was a child and his trial along with the adults was vitiated by want of jurisdiction and the conviction and sentence was set aside.

Saifullah @ Saiful Islam vs State 2 BLC 297.

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