Juvenile/Children Act

Constitution of India, 1950 – Article 136 – Juvenile Justice (Care and Protection of Children) Act, 2000 – Section 7A – Plea of juvenility could be raised in any court, at any stage even after the final disposal of the Special Leave Petition under Article 136 of the Constitution. If two views possible on evidence then view holding accused to be juvenile be favoured in borderline case.

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Juvenile/Children Act

Kathua Gang Rape and Murder Case – – Respondent accused was not a juvenile at the time of commission of the offence and should be tried the way other co-accused were tried – Impugned order passed by Chief Judicial Magistrate and the High Court which held that one of the accused was a juvenile is set aside – Appeal allowed.

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Juvenile/Children Act

HELD It is evident from the report of the medical board that the first respondent was not a juvenile. The entire record which was sought to be relied upon by the first respondent in support of the plea of juvenility was fabricated. The High Court has erred in accepting the plea of juvenility.

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