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..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A, Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 12 -- Juvenile - Determination of age - Medical board found the age of petitioner as 21-22 years - He was not coming within marginality of 18 years - Procedure as mentioned in R.12 of Rules rightly followed, as manipulation was..........
Protection of Children from Sexual Offences Act, 2012, Section 10, 9(n), 14, 13(b), 15, Information Technology Act, 2000, Section 67B(a), (b), (c), Juvenile Justice (Care and Protection of Children) Act, 2015, Section 75 -- Discharge of accused - Petitioner was only propagating her views on the default sexualisation of the female naked body - The freedom of speech and..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 75 -- Discharge of accused - Charge of exposition would hold only when the child has been deprived of shelter or care - Therefore, none of the acts contemplated in the above provision have taken place at all - That apart, the child's perspective of unnecessary mental or physical suffering is necessary to..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 18(3) -- Juvenile - Transfer of case to Children's Court - Accused was 16 years 9 months and 7 days at the time of commission of offence - He was declared juvenile by JJ Board - However, Magistrate instead of sending file to JJ Board has passed the order taking cognizance - Magistrate has no power to..........
Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 12(3) -- Determination of age of victim - Kidnapping and sexual assault - No certificate regarding age of victim girl has been exhibited by any of PWs to prove age of victim - Seizure list may not be regarded as a substitute of birth certificate for the purpose of R.12(3) of JJ Rules when no explanation..........
