Juvenile/Children Act

Juvenile Justice (Care and Protection of Children) Act, 2015 – offence under S 460 of IPC, the sentence of imprisonment of life, is per-emptorily prescribed to be imposed, upon the juvenile in conflict with law, term whereof is explicitly beyond 7 years. In sequel, the petition offences are to be construed to be “heinous offence”, and, the impugned order, and, transfer of the case to the Children’s Court, rather for his being tried as an adult, is required to be sustained.

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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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