Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A -- Juvenile - Plea of juvenility can be raised at any stage - Registrar (Judicial) of High Court thus, directed to make an inquiry and determine age of accused on date of commission of offence...........
Protection of Children from Sexual Offences Act, 2012, Section 21(2) -- Offence u/s 21(2) of the Act - Petitioner being Superintendent of hostel of victim after coming to know about commission of offence from victim relating to her rape by accused and her pregnancy on account of such rape, not intimated either to Special Juvenile police Unit or to local police unit - She..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 59(12) -- Inter-country adoption - A foreigner or a person of Indian origin or an overseas citizen of India who has habitual residence in India can apply for adoption of a child from India to Central Adoption Resource Authority (CARA) along with No Objection Certificate from diplomatic mission of his..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 56(4), 59(3), 59(12) -- Inter-country adoption - Adoption of two children by foreigner - There is little doubt that petitioner would have brought up children well, with love and affection and children too would have been lucky to have petitioner as an adoptive parent - In view of statutory provisions of..........
Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 12 -- Determination of age of prosecutrix - Admittedly there is no Board certificate and no certificate from school first attended by prosecutrix and even there is no certificate from local bodies - Prosecutrix was medically examined for determining her age, but Medical Board certificate has not been..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A -- Juvenile - Determination of age - Offence u/s 302 IPC - Accused was below the age of 18 years as per date of birth entered in school register when alleged incident took place - He was thus, juvenile on the date of incident - Since the accused has remained in prison for last 8 years, no useful..........
Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 12(3), Indian Penal Code, 1860, Section 363, 366, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Determination of age of prosecutrix - Kidnapping - Penetrative sexual assault - No material document on record which proves the age of prosecutrix as below 18 years - Even father of..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Bail - Juvenile - Murder case - While rejecting bail application of juvenile, it cannot be criteria that alleged offence is of serious and heinous nature - Order must show that grant of bail to juvenile is against his interest as there is possibility of his being associated with known criminals, or..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Bail - Juvenile - Murder case - Report of Probation Officer is on record and there is nothing adverse in report on basis of which an adverse inference may be drawn against him - Case of prosecution is based on circumstantial evidence - There is no direct evidence and nobody has seen juvenile..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Juvenile - Bail - Serious and heinous nature of offence cannot be ground to reject bail of juvenile...........
