Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Plea of juvenility - Can be raised at any stage even after finality of proceedings before Supreme Court...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Plea of juvenility - Court is not precluded from taking into consideration any other relevant and trustworthy material to determine age as all three eventualities mentioned in S.94(2) of the Act are either not available or are not found to be reliable and trustworthy...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Plea of juvenility - Ossification test conducted in year 2020 when accused was 55 years of age cannot be conclusive to determine him as a juvenile on date of incident in absence of any reliable trustworthy medical evidence to find out age of accused...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Plea of juvenility - There is no date of birth certificate from school or matriculation or equivalent certification or a birth certificate given by a Corporation or Municipal Authority or Panchayat - As regarding ossification test, in absence of any reliable trustworthy medical evidence to find out..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 20 -- Juvenile - Murder - Incident occurred in 1998 when JJ Act, 1986 was in force - Accused was more than 16 years of age on the day of incident and therefore was not a juvenile under 1986 Act - But accused was less than 18 years of age on the day of incident - Benefit of 2000 Act therefore, given to..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7, Indian Penal Code, 1860, Section 302 -- Plea of juvenility - Murder - Incident occurred in 1966 and on the date of incident accused was 17 years and 1 month old - Accused was juvenile on the date of incident - Conviction and sentence set aside - However, since accused has already been in custody for..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Juvenile - Bail - Rape case - Juvenile is 15 years of age thus, not fall into special category of a juvenile between 16 and 18 years - He has no criminal history - Social investigation report shows nothing against juvenile to be misfit in society - Taking into account all facts and circumstances of..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Bail - Gravity or seriousness of offence should not be taken as a ground to reject bail to a juvenile...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 302, 307, 147, 148, 149 -- Bail - Murder - Applicant a juvenile on the date of occurrence and does not having criminal history - He has been in confinement for an unduly long period of time - Trial of case is not concluded within time frame contemplated by JJ Act -..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 302, 364, 201, 120B -- Juvenile - Bail - Murder - Accused was minor at the time of occurrence - Main accused has been released - Accused is stated to be implicated as he was driving the vehicle when his friend was also there - He has no criminal antecedents and from..........
