Showing : 11-20 of 33 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 376(2)(g), 363, 366A, 120B, 506-- Gang rape of minor girl - Age of prosecutrix - Father of prosecutrix is the best witness to prove the age of prosecutrix - Opinions of dental surgeon or radiologist are mere opinions and they cannot tell the exact age of a person - Where no other cogent evidence is produced, opinions formed by..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 12-- Juvenile - Determination of age - When there is a clear legal provision placing High School Certificate on 1st number in order of preference and medical opinion on last, no Court is authorized to read between lines and to give preference to medical opinion over High School certificate...........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 12-- Juvenile - Determination of age - If matriculation or equivalent certificate like High School Certificate is available then preference will be given to that certificate and in absence thereof age is to be determined on the basis of birth certificate from school first attended - If both the above..........
CALCUTTA HIGH COURT
Year of decision: 2013
Details
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A, Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 12(3)-- Plea of juvenility - Rejection of - Validity - Plea of juvenility rejected on ground that as per ossification test age was between eighteen to twenty years - As per admission register and transfer certificate age was seventeen years and eleven months - There is hardly any discernible conflict..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 2(1)-- Juvenile - Age determination - Accused was juvenile on date of occurrence as per school leaving certificate which was duly proved - No reason to reject school leaving certificate - There is no question of subjecting the accused to a medical examination by a medical board...........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 363, 366, 376-- Abduction and rape - Recovery of victim girl completely doubtful and unreliable - FIR lodged after one month and delay not explained satisfactorily - School certificate not proved to prove age of the victim girl - Medical age never allowed to come on record - As per medical evidence vagina of..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 12-- Age - Determination - In case matriculation (or equivalent) certificate is available then no other evidence can be relied upon - In the absence of said certificate there has to be consideration of date of birth entry in the school first attended - In case such entry is available then such entry is..........
UTTARAKHAND HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 376-- Rape - Proof - Held, if victim is below 16 years as on date of incident her consent in the act of sex is immaterial - In present case, victim was above 16 years of age, on the basis of school certificate as well as on the basis of Radiologist report - Any prudent person will come to conclusion..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 363, 366A, 376-- Kidnapping and rape - Proof - Accused alleged to have forcibly taken prosecutrix to his relative's house and committed rape on her - Nothing on record to show that accused used force against her - Birth certificate issued on basis of entries in Pariwar Register not proved - Even original school..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 12-- Claim of juvenility - Age determination enquiry - Held, medical opinion cannot prevail upon when school certificate and school register entry is available on record...........

Showing : 11-20 of 33 Results