Rape Law

JJ Act, 2015

Judgments- Juvenile- Age, Juvenile  

  • Parag Bhati (Juvenile) Through. Legal Guardian-Mother-Smt. Rajni Bhati Versus State of Uttar Pradesh and Anr., Judgment, Criminal Appeal No. 486 Of 2016, Dated: 12.05.2016, Bench: A.K. Sikri & R.K. Agrawal, JJ, Supreme Court Of India [Full PDF Judgment]- Issue, proof of Juvenile’s age- The Sc held as follows: “28) It is settled position of law that if the matriculation or equivalent certificates are available and there is no other material to prove the correctness, the date of birth mentioned in the matriculation certificate has to be treated as a conclusive proof of the date of birth of the accused. However, if there is any doubt or a contradictory stand is being taken by the accused which raises a doubt on the correctness of the date of birth then as laid down by this Court in Abuzar Hossain (supra), an enquiry for determination of the age of the accused is permissible which has been done in the present case.”. 
  • Sher Singh @ Sheru Versus State of U.P; Criminal Appeal No.1883 Of 2013; Judgment Dated: 21.09.2016, Bench: V.K. Shukla, Ramesh Sinha, & Bharat Bhushan, JJ, Allahabad High Court [Full PDF Judgment]: Claim of juvenility can be raised at any stage, even after case disposal. 
  • Subramanian Swamy & Ors Versus Raju, Through Juvenile Justice Board, Criminal Appeal No.-695 of 2014, Order Dated-28.03.2014, Bench- P. Sathasivam, Ranjan Gogoi, Shiva Kirti Singh, JJ Supreme Court Of India [PDF]: Juvenile Justice Act, 2000- Issue- Lowering Of Age Of Juveniles From 18 To 16.  

 Probation Of Offenders Act 

  • Shiv Mohan Tiwari Vs. State of U.P., Criminal Appeal No. – 608 of 1998, Judgment Dated: 23.09.2016, Bench: Ranjana Pandya, J, Allahabad High Court At Allahabad [Full PDF Judgment] 

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