Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | JJ Act r.12 inquiry in respect of the age s.7A 2007 JJ rules |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) Juvenile Justice (care and Protection of Children) Act, 2000 (56 of 2000) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Juvenile Justice (Care and Protection of Children) Act,2000 – s.7A – Juvenile Justice (Care and Protection of Children)Rules, 2007 – r.12 – Trial court convicted three accused persons for the offence of gang-rape u/s.376(2)(g) of IPC – All the accused appealed to the High Court – Appellant-accused raised the defence that he was aged less than 18 years at the time of commission of the offence – High Court rejected the contention and affirmed the conviction of the three accused including the appellant – In appeal,Supreme Court directed the Registrar (Judicial) to conduct inquiry in respect of the age of the appellant in terms of s.7A of the 2000Act – Pursuant thereto, report was submitted which determined the age of the Appellant as 16 years, 2 months & 2 days at the time of commission of the offence and concluded that he was juvenile at that time – The State raised the question that whether the plea of juvenility as decided by the Registry of Supreme Court should be given precedence over the view of the High Court – Held: High Court decided the issue merely upon an assessment of the material on record without resorting to the procedure governing inquiries for determination of age as laid out in s.7A of the 2000 Act and r.12of the 2007 Rules – High Court did not conduct inquiry stipulated as per s.7A & r.12 – In instant case, inquiry was conducted by the Registrar (Judicial) upon direction of the Supreme Court – As the inquiry conducted by the Registrar (Judicial) was thereafter affirmed, so that amounted to an inquiry conducted by the Supreme Court – Thus, findings of such inquiry would prevail over the view taken by the High Court – Accordingly, conviction and sentence of the appellant u/s.376 of IPC set aside. |
Judge | Hon'ble Mr. Justice Mohan M. Shantanagoudar |
Neutral Citation | 2019 INSC 253 |
Petitioner | Raju |
Respondent | The State Of Haryana |
SCR | [2019] 4 S.C.R. 18 |
Judgement Date | 2019-02-22 |
Case Number | 1175 |
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