Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Juvenile Justice (Care and Protection of Children) Act Juvenility 2000 Medical Board |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | 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 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Juvenile Justice (Care and Protection of Children) Act, 2000: s. 7 A - Juvenility of the accused on the date of occurrence - Determination of - Date of birth mentioned in the matriculation certificate doubtful, direction by the Medical Board for conducting ossification test of accused and the Board holding that appellant isĀ· a major - Correctness of - Held: If the Board comes to the conclusion that the date of birth mentioned in the matriculation certificate raises some doubt on the basis of material or evidence on record, it can seek medical opinion from a duly constituted medical board to determine the age of the accused person claiming juvenility - On facts, discrepancy in the date of birth mentioned in school certificate - Transfer certificate issued by the Junior High School found to be forged - As such the medical of the appellant was conducted by the Medical Board wherein his age was assessed about 19 years and he was ordered to be tried by the Session Court - Board rightly did not give the benefit of one year to the appellant under the Rules - Since there was doubt on the correctness of the date of birth, an enquiry for determination of the age of the accused was done - Thus, no illegality in the orders passed by the Board and the Courts below - Juvenile Justice (Care and Protection) Rules, 2007 - r. 12. Principal of benevolent legislation - Brnejit of - When - Held: Benefit would apply to only such cases wherein the accused is held to be a juvenile on the basis of at least prima facie evidence regarding his minority - Benefit of the possibilities of two views cannoi be given to the accused involved in grave and serious offence committed in a planned manner - Courts cannot adopt a casual or cavalier approach while recording whether an accused is a juvenile or not - Courts are enjoined upon to perform their duties with the object of protecting the confidence of common man in the institution entrusted with the administration of justice. |
Judge | Hon'ble Mr. Justice R.K. Agrawal |
Neutral Citation | 2016 INSC 1184 |
Petitioner | Parag Bhati (juvenile) Thr. Legal Guardian- Mother-smt. Rajni Bhat! |
Respondent | State Of Uttar Pradesh And Anr. |
SCR | [2016] 2 S.C.R. 1089 |
Judgement Date | 2016-05-12 |
Case Number | 486 |
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