Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Age of victim - Determination - Issue involved is whether victim is minor - Statement u/ss 161, 164 Cr.P.C is of no consequence because no person can depose on that basis of personal knowledge about his or her own age or date of birth...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Juvenile - Bail - Nature of offence and merits of case do not have any relevance - It is for prosecution to bring on record such material while opposing the bail and make out any of grounds provided in S.12 of the Act, which may persuade the Court not to release juvenile on bail...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Juvenile - Bail - Nothing on record to show that release of juvenile is likely to bring him into association with any known criminals or expose him to moral, physical or psychological danger or his release would defeat the ends of justice - Bail granted to juvenile...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 19(1) -- Inquiry u/s 19(1) of the Act - Holding an inquiry in terms of S.19(1)(i) of the Act is not an empty formality - Children's Court cannot brush aside the requirement of holding an inquiry u/s 19(1)(i) of the Act...........
Custody of child -- Claimed by mother - Child is in custody of Child Welfare Committee, as mother had some issues in taking care of child - Mother intends to give child in adoption to prospective parents - Neither prospective adoptive parents nor specialized adoption agency or biological mother of child has received or agreed to receive any payment or reward or..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A -- Juvenile - Question of juvenility can be raised before any Court and at any stage, as prescribed u/s 7-A(1) of the Act...........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A -- Juvenile - Petitioner was 16 years and 7 months old on the date of crime - He was thus, a juvenile in conflict with law on the date of commission of offence - However, since petitioner raised the plea of juvenility first time in present writ petition and petitioner has served 12 years and 3 months..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94, Protection of Children from Sexual Offences Act, 2012, Section 34 -- Age of victim - Determination - School transfer certificate cannot be relied upon to hold that victim was below 18 years at the time of commission of offence, as it did not answer to description of any class of documents mentioned..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94, Protection of Children from Sexual Offences Act, 2012, Section 34 -- Age of victim - Determination - Documents produced i.e. a transfer certificate and extracts of admission register of school are not what S.94(2)(i) of JJ Act mandates nor are they in accord with S.94(2)(ii), as there were no records..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Juvenile - Bail - Petitioner was aged about 14 years 2 months and 6 days at the time of incident - No criminal antecedent of petitioner has been found in report of Probation Officer - Grant of bail to another juvenile in same case as well as grant of bail to co-accused who have been implicated..........
