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2009 Supreme(SC) 942

ALTAMAS KABIR, CYRIAC JOSEPH
Hari Ram – Appellant
Versus
State of Rajasthan – Respondent


Judgment :-

Altamas Kabir, J.

1.1. Leave granted.

2.2. This appeal raises certain questions which are fundamental to the understanding and implementation of the objects for which the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as the `Juvenile Justice Act, 2000) was enacted. The said law which was enacted to deal with offences committed by juveniles, in a manner which was meant to be different from the law applicable to adults, is yet to be fully appreciated by those who have been entrusted with the responsibility of enforcing the same, possibly on account of their inability to adapt to a system which, while having the trappings of the general criminal law, is, however, different therefrom. The very scheme of the aforesaid Act is rehabilitatory in nature and not adversarial which the courts are generally used to. The implementation of the said law, therefore, requires a complete change in the mind-set of those who are vested with the authority of enforcing the same, without which it will be almost impossible to achieve the objects of the Juvenile Justice Act, 2000.

3.3. The appellant, Hari Ram, was arrested along with several others on 30.11




































































































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