Juvenile Justice (Care and Protection of Children) Act, 2000, Section 15, 16, 20, Indian Penal Code, 1860, Section 302 -- Juvenile - Murder - Accused below 18 years at time of commission of offence - Accused convicted u/s 302 IPC - Procedure prescribed under S.20 Juvenile Justice not followed - Accused should have been dealt with by Juvenile Board - Conviction upheld but..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 20 -- Age - Below 18 years as per School Leaving Certificate - School Leaving Certificate not based on Admission register - Age not believed - Radiological examination relied upon which gave age as above 21 years...........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12, Criminal Procedure Code, 1973, Section 439 -- Juvenile - Bail - Normal rule is to grant bail unless juvenile Board comes to conclusion that by release, such a juvenile would come in contract with known criminals or that his life is likely to be in danger...........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12, Criminal Procedure Code, 1973, Section 439(2) -- Juvenile - Bail - Cancellation - Juvenile a student of 10th std. - No new grounds made out for cancellation of bail - Juvenile not alleged to have tampered with the evidence or is likely to tamper with the evidence - Investigation not yet over - No..........
Juvenile Justice Act, 1986, Section 2(h) -- Determination of age - Relevant date for the applicability of the act - Date of occurrence or the date on which he was produced before competent authority - Accused convicted under section 376 IPC - Plea that the accused was 12 years of age at the time of commission of offence - Plea raised for the first time in High Court -..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 49 -- Juvenile - Age - School admission form - Form not submitted by parents of juvenile but by 'B' whose identity not on record - 'B' not examined - Parents also not examined - Admission form or transfer certificate issued on that basis not sufficient to prove that juvenile was below 18 years - Trial..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12 -- Juvenile - Bail - Offence u/ss 323/504/506 and 304 IPC - Bail to a juvenile can be refused on three grounds viz. (1) if the release is likely to bring him into association with any known criminal (2) Exposes him to moral, physical or psychological danger and (3) If his release would defeat the ends..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12 -- Juvenile - Bail - Cannot be denied on ground that offence against him is heinous - Bail to a juvenile can be denied on three grounds (i) if the release is likely to bring him into association with any known criminal; (ii) exposes him to moral, physical or psychological danger and (iii) if his..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 2(k) -- Accused whether Juvenile or not - Date of commission of offence is relevant and not the date when he was sent for trial...........
Indian Penal Code, 1860, Section 302, Juvenile Justice (Care and Protection of Children) Act, 2000, Section 20, 64, 2(k), Juvenile Justice Act, 1986, Section 3 -- Juvenile - Murder - Accused at that time was above 16 years but below 18 years and thus was not a juvenile under old Act but came within definition of juvenile under New Act - Provisions of S.20 of new Act will..........