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..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Determination of valuation of suit pertaining to infringement of trade mark is a mixed question of facts and law and same can be decided at the time of final adjudication of suit - Plaint cannot be rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Determination of valuation of suit pertaining to infringement of trade mark is a mixed question of facts and law and same can be decided at the time of final adjudication of suit - Plaint cannot be rejected...........
DNA Test -- Validity - Respondent failed to establish a prima facie case of alleged immoral life led by the 1st petitioner with other persons named in his objection, the prayer of the 1st petitioner to issue direction to the respondent to subject himself to the blood test for determination of DNA cannot be thrown aside - An illegitimate child is also eligible for..........
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..........
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..........
Evidence Act, 1872, Section 35 -- Entry in public record - Determination of age of victim - Entry of date of birth as recorded in School register is relevant and admissible in evidence u/s 35 of the Act - However, such entry would be of no evidentiary value in the absence of material on basis of which age was recorded...........
Indian Penal Code, 1860, Section 376(2)(i), 376(2)(j), Protection of Children from Sexual Offences Act, 2012, Section 4, 6 -- Rape - Determination of age of victim - Ossification test or other medical test though is a guiding factor for determining the age, it is not conclusive or incontrovertible and leaves a margin of error of two years on either side...........
Indian Penal Code, 1860, Section 376(2)(i), 376(2)(j), Protection of Children from Sexual Offences Act, 2012, Section 4, 6 -- Rape - Determination of age of victim - Prosecution has not examined person who had recorded date of birth of victim in School Register or any other person conversant with said fact - In the absence of such evidence, entry regarding age of victim as..........
