Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Criminal Trial Juvenile Justice Motive |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Juvenile Justice (Care and Protection of Children) Act, 2000 [as amended by Amendment Act of 2006] - s. 7A; and proviso & Explanation to s.20 - Applicability of the Act - To offence committed prior to commencement of the Act - Held: In view of the provisions in ss. 7 A and 20, the Act would be applicable - In the instant case, the accused was below 18 years on the date of commission of the offence, and hence would be treated as juvenile under the provisions of the Act - Therefore, case qua the juvenile accused remitted to concerned Juvenile Justice Board. Penal Code, 1860 - s.302/34. Penal Code, 1860 - s.302/s.34 - Prosecution under - Conviction by courts below - Held: Appellant No. 1-accused is guilty of offence u/s.302 - Prosecution case is supported by eye-witness account corroborated by reliable evidence direct as well as circumstantial - Therefore, his conviction upheld.Criminal Trial - Discrepancy in the version of witness - Effect of - Court not to discard the evidence on the ground of discrepancies, unless they are 'material discrepancies', so as to create reasonable doubt about the credibility of witnesses. Motive - Relevance of- Held: Motive is relevant in case where prosecution seeks to prove guilt by circumstantial evidence - It becomes irrelevant if offence is proved by direct evidence. |
Judge | Hon'ble Mr. Justice A.K. Patnaik |
Neutral Citation | 2013 INSC 176 |
Petitioner | Subodh Nath And Anr. |
Respondent | State Of Tripura |
SCR | [2013] 4 S.C.R. 581 |
Judgement Date | 2013-03-19 |
Case Number | 1551 |
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