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IN THE HIGH COURT OF JUDICATURE AT PATNA
Ashutosh Kumar, Alok Kumar Pandey
Ajit Singh @ Ajit Kumar Singh, S/o Late Nagehwar Singh – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. convictions and sentencing details (Para 5 , 6 , 7 , 8 , 9 , 10 , 12 , 13 , 14) |
| 2. discussion on juvenility claim (Para 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 3. challenges to age assessment findings (Para 22 , 23 , 24 , 25 , 26) |
| 4. juvenility consideration among various acts (Para 27 , 28 , 29 , 30 , 32) |
| 5. legal interpretation of repealed acts (Para 34 , 35 , 38 , 39 , 40) |
| 6. approach to juvenile convictions (Para 50 , 51 , 52 , 53 , 54) |
| 7. credibility and evidence analysis (Para 56 , 58 , 60 , 61 , 62 , 66) |
| 8. final judgement and directives (Para 67 , 68 , 69 , 70 , 71 , 72 , 73) |
JUDGMENT :
ASHUTOSH KUMAR, J.
We have heard Mr. Ansul, the learned Advocate for the appellant/Ajit Singh @ Ajit Kumar Singh [Cr. Appeal (DB) No. 620 of 2014] and Mr. Ravindra Kumar, the learned Advocate for the appellants in other two appeals, viz., Cr. Appeal (DB) Nos. 586 and656 of 2014 respectively.
2. The State is represented by Mr. Ajay Mishra and Mr. Dilip Kumar Sinha, the learned APPs., respectively.
3. Mr. Sanoj Kumar, the learned Advocate has appeared for the informant in all the three appeals.
4. One of the appellants in Cr. Appeal (DB)No. 656 of 2014, namely, Maheshwar Singh @ Mahesh Singh,
Juveniles charged with offences must be treated according to juvenile law; failure to do so results in invalidation of convictions and sentences.
An individual assessed to be a juvenile at the time of offence must not be tried as an adult, with their age determination being essential for proper legal proceedings.
Criminal Law – Murder – On the basis of the inquiry conducted as per our orders, it is found that appellant was a juvenile as on the date of commission of offence. In such circumstances, as the findi....
The court confirmed that a claim of juvenility can be raised at any stage, impacting sentencing under the Juvenile Justice Act.
The court affirmed the conviction but set aside the sentence for a juvenile offender, imposing a fine instead, in accordance with juvenile justice provisions.
(1) Juvenile accused – Medical opinion based on Bone Ossification Test, is not entirely accurate – In a case of juvenility where two views are possible, liberal approach should be undertaken.(2) Bene....
(1) Claim of juvenility may be raised before any Court which shall be recognised at any stage even after final disposal of case.(2) Decision against determination of juvenility ought not to be taken ....
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