Back
GITA GOPI
AAKASH KALUBHAI VASKALE – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
1. RULE. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of respondent-State.
2. The present revision application has been filed by the applicant-revisionist under section 102 of Juvenile Justice (Care And Protection of Children) Act, 2015, (hereinafter referred to as ‘J.J. Act’ for short), making a prayer for regular bail to the applicant, who was aged about 17 years at the time of alleged act.
3. The FIR was registered before the Junagadh Taluka Police Station as C.R. No. 11203025240006 of 2024 for the offences punishable under sections 376(3), 376(2) of IPC and sections 5(j)(2), 5(L), 5(N), 6, 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the ‘POCSO Act’).
4. The father of the juvenile in conflict with law had moved the principal Magistrate of Juvenile Justice Board of Junagadh by filing Criminal Misc. Application No. 251 of 2024, where by an order dated 23.02.2024, the application came to be rejected, thus thereafter moved the Children Court by filing Criminal Appeal No. 24 of 2024. The legality and propriety of the order is under challenge before this Court in the present revision applicati
The court established that juveniles must undergo a thorough psychological assessment to determine their mental capacity before trial decisions are made.
Juveniles are entitled to bail under Section 12 of the JJ Act unless there are compelling reasons to deny it, including assessments of their mental capacity.
: Offence of rape – Bail Granted - There is nothing adverse in report of Probationary Officer nor there is any possibility that on being released revisionist may join company of known criminals - The....
The gravity of the offence should not be a hindrance to refuse bail to a delinquent juvenile, but the nature of the crime, conduct of the accused, and the ends of justice should be considered while e....
The legal framework under the Juvenile Justice Act emphasizes the importance of thorough assessments, including medical and psychological evaluations, in determining a juvenile's capacity to understa....
The court emphasized the necessity of thorough psychological evaluations for juveniles in conflict with law, asserting that inadequate assessments violate statutory requirements under the Juvenile Ju....
The gravity or seriousness of the offence should not be a relevant consideration for refusing bail to a delinquent juvenile under the Juvenile Justice Act. The nature of the crime, conduct of the acc....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
