Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A, Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 12 -- Determination of Age - Petitioner took plea of juvenility - Neither any inquiry has been conducted nor any finding, has been recorded - Application of petitioner dismissed only on ground that he has placed on record the..........
Indian Penal Code, 1860, Section 376 -- Rape - Age of Prosecutrix - Prosecutrix was born in village -Ossification test reveals age is of 19 to 20 years - Result card placed on record showing marks obtained in Middle Standard Examination - Statement of witnesses and mother consistent on point of age of Prosecutrix is of 15 years - No material available on record to doubt..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Proof - House of Prosecutrix 1/2 kms. away from house of accused - Prosecutrix walked on foot for long distance of 3/4 kms with accused - Prosecutrix had sufficient opportunity to complaint number of persons available at different places but did not do - Medical report reveals no mark of injury on..........
Indian Penal Code, 1860, Section 302, 506(2), 34 -- Murder - Plea of juvenility - Accused `J' has not pressed himself his application regarding juvenility before Trial Court therefore raising plea of juvenility before this Court is barred by principle of Res judicata as well as principle of estoppel - No evidence on record to show accused `J' was juvenile at the time of..........
Indian Penal Code, 1860, Section 366, 363, 376 -- Kidnapping & Rape - Age of prosecutrix - As per ossification test age of prosecutrix can be between 16 to 16-1/2 years and there can be variation of two years in respect of age of prosecutrix - However, prosecutrix narrated her age as 20 years to Doctor - Age of prosecutrix thus, held, to be above 16 years...........
Indian Penal Code, 1860, Section 376 -- Rape - Age of prosecutrix - Ossification test - On the date of incident radiological age of prosecutrix was 14-16 years - In case of Ossification test there may be variation of two years on either side - Age of prosecution, held, to be 18 years...........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Ossification test fixed the age of prosecutrix between 15-17 years - Consent of prosecutrix is not established as she was forcibly taken by appellants under threat and pressure and committed rape on her - Medical report shows that her hymen was missing and semen was detected on seized underwear of..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A, Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 12(3) -- Plea of juvenility - Rejection of - Validity - Plea of juvenility rejected on ground that as per ossification test age was between eighteen to twenty years - As per admission register and transfer certificate age was..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 57A, 68, Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 12 -- Determination of age - Directions for ossification test - Validity - Petitioner charge-sheeted u/s.376(2)(f) IPC and S.4 of Protection of Children From Sexual Offence Act - Plea that on the date of the incident petitioner..........
Indian Penal Code, 1860, Section 376, 366, 346 -- Rape & Kidnapping - Proof of age - No birth certificate produced by prosecution - Ossification test report showing bone age of prosecutrix between 16 or 17 or there may be variation of 2 years on either side - It may be 19 years as well - Held, if two views are possible with regard to a particular circumstances, benefit may..........
