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IN THE HIGH COURT OF JUDICATURE AT PATNA
JITENDRA KUMAR
Shiv Jee Singh @ Sheo Jee Singh, S/o. Late Ramjatan Singh – Appellant
Versus
State Of Bihar – Respondent
| Table of Content |
|---|
| 1. overview of the case and conviction information. (Para 1) |
| 2. plea of juvenility raised by appellant no. 8. (Para 2 , 3) |
| 3. state's objections regarding the juvenility claim. (Para 4) |
| 4. judicial interpretations and provisions regarding juvenility. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 5. order for inquiry into juvenility and listing. (Para 24 , 25) |
ORDER :
Jitendra Kumar, J.
The present criminal appeal has been preferred by the Appellants against the impugned order of conviction and order of sentence dated 12.12.2017 and 13.12.2017 respectively passed by learned Additional District and Sessions Judge, Fast Track Court-1, Siwan in Sessions Trial No. 11 of 1995, whereby all the appellants have been found guilty under Sections 307, 148, 149 and 326 of the Indian Penal Code and they have been sentenced to Rigorous Imprisonment for 5 years under Sections 307 and 326 each of the Indian Penal Code and 2 years under Sections 148 and 149 of the Indian Penal Code. All the sentences have been directed to run concurrently.
Plea of Juvenility Taken
2. However, during pendency of this criminal appeal, the Appellant no.8/Subh Nara
The court confirmed that a claim of juvenility can be raised at any stage, impacting sentencing under the Juvenile Justice Act.
(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 ....
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.
(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....
Juveniles must be tried under juvenile laws, and prison sentences cannot exceed statutory limits for juveniles. The appeal allowed the convict's release.
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