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Showing posts with label
2000 (for short ‘the 2000 Act’)
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Showing posts with label
2000 (for short ‘the 2000 Act’)
.
Show all posts
Friday, July 26, 2013
The Juvenile Justice Act, 1986 & the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short ‘the 2000 Act’) = whether or not the appellant, who was admittedly not a juvenile within the meaning of the Juvenile Justice Act, 1986 (for short ‘the 1986 Act’) when offences were committed but had not completed 18 years of age, on that date, will be governed by the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short ‘the 2000 Act’) and be declared as a juvenile in relation to the offences alleged to have been committed by him. = the age of the appellant as on the date of the commission of the offence i.e. 06.05.1995 was 17 years, 11 months and 5 days and hence less than 18 years, and hence when we apply provisions of the 2000 Act, the appellant has to be treated as a juvenile, being less than 18 years of age on the date of the crime and hence entitled to get the benefit of the provisions of the 2000 Act read with Rules. 8. We are therefore inclined to affirm the order of conviction, however, the sentence awarded by the trial court and confirmed by the High Court is set aside and the matter is sent to the concerned Juvenile Justice Court for imposing adequate sentence. Appeal is allowed as above.
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reported in http://judis.nic.in/supremecourt/imgst.aspx?filename=40582 ...
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