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ARUN DEV CHOUDHURY
TOKO RUNEL S/O LATE TOKO PEKHI – Appellant
Versus
CHIEF SECRETARY TO THE GOVT. OF ASSAM – Respondent
The description of treatment provided to juveniles in rehabilitation centres is generally based on principles and guidelines established within juvenile justice frameworks and child welfare policies. These principles emphasize the importance of a holistic approach that includes psychological counseling, educational and vocational training, behavioral therapy, and social skills development. The aim is to facilitate rehabilitation and reintegration into society in a manner that respects the juvenile’s dignity and rights (!) .
Such treatment programs are designed to address the underlying causes of delinquent behavior, provide mental health support, and promote positive development. The specific components and methods may vary depending on the jurisdiction and the individual needs of the juvenile, but the overarching goal remains consistent: to support the juvenile’s growth into a responsible and productive member of society (!) .
JUDGMENT :
ARUN DEV CHOUDHURY, J.
1. Heard Ms. S.G. Baruah learned counsel for the petitioner. Also heard Mr. D Nath learned senior Govt. Advocate appearing for respondent Nos. 1 to 3, Mr. NNB Choudhury learned Additional Advocate General, Arunachal Pradesh, Mr. A Chandran learned counsel appearing for respondent Nos.4 to 7 and Mr. D.K. Medhi learned counsel for respondent No. 8.
2. This writ petition arises out of Sessions case No. 50(NL)/2023, pending in the court of learned Addl. District and Sessions Judge (FTC), Lakhimpur, North Lakhimpur.
3. THE CHALLENGE:
The determination of juvenility in cases involving children in conflict with law must be conducted by the Juvenile Justice Board, and any contrary determination by a Magistrate is without jurisdictio....
The main legal point established in the judgment is the importance of following the prescribed procedure for determining juvenility under the Juvenile Justice Act, including the specific inquiry proc....
The lack of compliance with mandatory procedural safeguards in juvenile trials invalidates the conviction, necessitating adherence to due process under the Juvenile Justice Act.
The proceedings against a Child in Conflict with Law must comply strictly with statutory inquiry requirements for fair trial rights, or they may be quashed due to procedural violations.
The court must conduct a comprehensive enquiry to determine age when evidence is contradictory, ensuring adherence to the Juvenile Justice Act's guidelines for juvenile claims.
The main legal point established in the judgment is the significance of documentary evidence, such as school certificates, in determining juvenility, and the need for a careful and conscious approach....
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