Juvenile Justice Act, 1986, Section 2(h), 2(k), Juvenile Justice (Care and Protection of Children) Act, 2000, Section 20 -- S.20 of the 2000 Act would apply only to cases in which the accused was below 18 years of age on April 1, 2001, the date on which the 2000 Act came into force but it would have no application in case the accused had crossed the age of 18 years on the..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 2(k), 2(1), 7A, 20 -- (As amended in 2006) - Juvenile - To be determined on the date of commission of the offence e- A person not attaining age of 18 years on the date of commission of the offence would be juvenile - In the instant case appellant held to be juvenile - Directed to be produced before..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12 -- Juvenile - Bail - Denial of bail - Petitioner a minor allegedly committed an offence indictable u/ss 302 and 447 IPC - Bail application rejected on the ground of gravity of offence - Held, gravity of offence is no ground to deny bail u/s 12 of the Act - Order rejecting bail liable to be set aside...........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A -- Juvenile - Determination of age - An application u/s 7-A of the Act cannot be rejected on the ground that it would delay the disposal of the case...........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A, 12(3) -- Juvenile - Determination of age - Sessions Judge relied on the medical opinion to ascertain the age of accused on the date of occurrence - He disbelieved High School Marks sheet on the basis of oral evidence of mother of accused who was illiterate lady and had no orientation of time - Held,..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A, Indian Penal Code, 1860, Section 304B -- Dowry death - Claim of juvenility raised by accused for the first time before Supreme Court - Held, delay in making claim is not fatal - Trial court directed to hold enquiry into the said question and submit report expeditiously...........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 2(1), 7A, 20, 49, Indian Penal Code, 1860, Section 307 -- Accused convicted and sentenced u/s 307 of Indian Penal Code - Conviction and sentence upheld by High Court - Supreme Court directed State to make enquiry so as to determine age of accused - Accused found to be 15 years, 2 months and 2 days when..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 2(k)(1) -- Juvenile - Case registered against petitioner u/s 376 IPC - Medical report that age of petitioner 18 to 19 years on 16.09.2009 - FIR lodged on 29.06.2008 - Petitioner definitely below 18 years of age on date of lodging of FIR even if his age is taken as 18 on 16.09.2009 - Held, petitioner..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12, Indian Penal Code, 1860, Section 376, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Bail - Juvenile - Offence u/s 376 IPC and S.3(2)(v) of SCST Act - Bail application rejected - Nothing on record to show that accused after release on bail may involve..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 6(2), Indian Penal Code, 1860, Section 342, 364, 363, 366, 506, 302, 201 -- Juvenile - Bail - Offence u/ss 342, 364, 363, 366, 506, 302 & 201 IPC - Accused declared a juvenile - Bail application filed by accused forwarded to Juvenile Justice Board for disposal - Plea of accused that Sessions Judge is..........
