Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A -- Juvenile - Determination of age - Glaring gap and discrepancy between date of birth of accused recorded upto class 5 as compared to date which came to be recorded in Class 6 - Birth certificate issued by Nagar Nigam not produced before JJ Board - Even, said certificate is a waste paper on which no..........
Jammu and Kashmir Juvenile Justice (Care and Protection of Children) Act, 2013, Section 8 -- Plea of juvenility - Date of birth certificate issued by School is given priority over other documents as against record of village Chowkidar...........
Jammu and Kashmir Juvenile Justice (Care and Protection of Children) Act, 2013, Section 8 -- Plea of juvenility - Date of birth as shown in school record is proved during inquiry - Age of petitioner should have been accepted based on school record having primacy over other documents as against record of village Chowkidar - Since petitioner is below 18 years of age on the..........
Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 12 -- Juvenile - Determination of age - Documents evidencing date of birth of accused does not inspire confidence - On the basis of physical, dental and radiological examination, approximate age of accused could be fixed between 19 and 23 years - Accused thus, not a juvenile at the time of commission of..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Juvenile - Interim bail - Murder case - Accused was 16 years and four months when he was taken in detention - He is 21 years old now - Though, accused is now in correction/observation home but yet his continued detention until completion of trial may carry its own adverse effects - Interim bail..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Power of Juvenile Justice Board - Juvenile Justice Board can exercise power u/s 319 Cr.P.C - However, if summoned accused is found to be not a juvenile, his trial can be separated and such person can be sent for trial to regular Court of competent jurisdiction...........
Indian Penal Code, 1860, Section 376, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Rape of 7 years old minor girl - Victim supported prosecution version which was also corroborated by younger sister of victim - Accused/juvenile caught in the act at the spot and was beaten by people gathered there, as injuries were..........
Criminal Procedure Code, 1973, Section 397, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 102 -- Revision - Principles underlying the exercise of revisional powers u/s 397 Cr.P.C are applicable to a large extent when revisional powers have to be exercised u/s 102 of JJ Act...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Juvenile - Bail - Rape case - Father of juvenile is a labourer and juvenile is a student of class 9th - Economic condition of family is weak and social status is normal - Juvenile needs strict discipline and rehabilitation by keeping him away from bad company - No criminal history either of..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 376, 504, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(5) -- Juvenile - Bail - Rape - JJ Board declined bail to accused considering the fact that his act..........
