The Karnataka High Court recently issued guidelines to be followed by trial courts and special courts prescribing certain preliminary enquiry be made with the accused when produced for the first time in a criminal case in order to ascertain if the accused is a juvenile. A single judge bench of Justice C M Joshi said, “There is no doubt that …
Under the Juvenile Justice Act, 2015, a person accused of an offence at any stage can raise a claim that he or she was a minor on the date of the commission of offence. The court is legally bound to order an inquiry to determine the age and if the claim of juvenility is proved, the accused is to be …
The Supreme Court has directed to release a person convicted for sodomizing on the ground that he was juvenile at the date of offence. 'X' was convicted under Section 377 read with Section 511 of the Indian Penal Code, on the ground that he subjected a 10 years old boy to carnal intercourse. While considering the appeal, the Supreme Court …
The Delhi High Court on Monday convicted and sentenced a minor boy under IPC and POCSO on the charges of raping a 16 yrs old girl, without taking into account the provisions of the Juvenile Justice Act, 2015. Justice Vibhu Bakhru sentenced him to undergo 7 years imprisonment, the minimum punishment stipulated in the IPC and POCSO, as the convict …