Plea Of Juvenility Has To Be Raised In A Bonafide And Truthful Manner: Supreme Court
2 years, 10 months ago

Plea Of Juvenility Has To Be Raised In A Bonafide And Truthful Manner: Supreme Court

Live Law  

The Supreme Court observed that the plea of juvenility has to be raised in a bonafide and truthful manner.If the reliance is on a document to seek juvenility which is not reliable or dubious in nature, the accused cannot be treated to be juvenile, the bench comprising of Justices Hemant Gupta and V. Ramasubramanian said.In this case, the High Court of Punjab and Haryana at Chandigarh set aside. The court noted that the appellant has relied on three documents such as a Birth Certificate; School leaving Certificate and the Report of the Ossification Test in support of his plea of being a juvenile. Case name: Manoj @ Monu @ Vishal Chaudhary vs State of Haryana Citation: 2022 LiveLaw 170 Coram: Justices Hemant Gupta and V. Ramasubramanian Case no.|date: CrA 207 OF 2022 | 15 Feb 2022 Headnotes: Juvenile Justice Act, 2000 - Section 7A - The plea of juvenility has to be raised in a bonafide and truthful manner. Panchayat Raj Rules, 1970 - Family register does not only contain date of birth but also keeps the records of any additions in the family, though the evidentiary value needs to be examined in each case - It is a question of fact as to how much evidentiary value is to be attached to the family register, but to say that it is entirely not relevant would not be the correct enunciation of law.

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History of this topic

JJ Act | Plea Of Juvenility Can Be Raised At Any Stage Even After Disposal Of Case : Supreme Court
8 months ago

JJ Act | Plea Of Juvenility Can Be Raised At Any Stage Even After Disposal Of Case : Supreme Court

Live Law  

Observing that the plea of juvenility of the accused may be raised before any court at any stage, even after final disposal of the case, the Supreme Court held that such a plea of juvenility couldn't be rejected without conducting a proper inquiry. Unconvinced with the approach of the High Court for not adverting to the prayer of the appellant/accused …

Supreme Court Annual Digest 2022- Juvenile Justice Act
1 year, 11 months ago

Supreme Court Annual Digest 2022- Juvenile Justice Act

Live Law  

Juvenile Justice Juvenile Justice - Plea of juvenility could be raised in any court, at any stage even after the final disposal of the Special Leave Petition- Where the plea of juvenility is raised at a belated stage, often certain medical tests are resorted to forage determination in absence of the documents - While appreciating the evidence adduced on behalf …

Should Not Adopt Hypertechnical Approach When Accused Produces Evidence To Support Plea Of Juvenility: Kerala High Court
2 years, 6 months ago

Should Not Adopt Hypertechnical Approach When Accused Produces Evidence To Support Plea Of Juvenility: Kerala High Court

Live Law  

The Kerala High Court has held that courts shall not employ a hypertechnical approach when the accused produces sufficient evidence in support of his argument that he was a juvenile at the time of commission of the crime.Justice A. Badharudeen added that the claimant discharging the burden mentioned in the Juvenile Justice Act or its Rules is sufficient to. The …

Claim Of Juvenility Can Be Raised Before Any Court, At Any Stage, Even After Final Disposal Of The Case: Supreme Court Reiterates
3 years, 1 month ago

Claim Of Juvenility Can Be Raised Before Any Court, At Any Stage, Even After Final Disposal Of The Case: Supreme Court Reiterates

Live Law  

The Supreme Court has observed that the claim of juvenility can be raised before any Court, at any stage, even after final disposal of the case.The bench of Justices Indira Banerjee and JK Mahseshwari observed that if the Court finds a person to be a juvenile on the date of commission of the offence, it is to forward the juvenile …

Delay In Raising Juvenility Claim Is No Ground For Rejection Of Such A Claim: Supreme Court
3 years, 9 months ago

Delay In Raising Juvenility Claim Is No Ground For Rejection Of Such A Claim: Supreme Court

Live Law  

The Supreme Court observed that the delay in raising the claim of juvenility is no ground for rejection of such a claim.Such a claim can be raised at any stage, even after the final disposal of the case, the bench comprising Justices Indira Banerjee and Krishna Murari observed.The court was considering an application filed by one Isha Charan who has …

Nirbhaya Case : SC Dismisses Plea Of Juvenility Raised By Death Row Convict Pawan Gupta [Read Order]
4 years, 11 months ago

Nirbhaya Case : SC Dismisses Plea Of Juvenility Raised By Death Row Convict Pawan Gupta [Read Order]

Live Law  

The Supreme Court on Monday rejected the plea of juvenility raised by Pawan Kumar Gupta, one of the four death row convicts in the 2012 Delhi gangrape-murder case.A bench comprising Justices R Banumathi, Ashok Bushan and AS Bopanna held that the same claim was earlier rejected by the Court after due consideration.The bench held that Delhi High Court had rightly …

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