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G. GIRISH
Abdul Majeed S/o Hamza – Appellant
Versus
State of Kerala – Respondent
ORDER :
1. What is the scope and applicability of Juvenile Justice (Care and Protection of Children) Acts of 2000 and 2015, in revision, upon the conviction and sentence of a 49 year old person in respect of an offence committed by him in the year 1991, at the age of 17 years, when the Juvenile Justice Act, 1986 was in force? This exactly is the riddle to be resolved in this revision proceedings.
2. Desirous of getting a job at Saudi Arabia, Master Abdul Majeed, aged 17 years, manipulated the certified copy of the relevant page of his admission register, issued from the school, to make it appear that his date of birth is 05.04.1970 instead of 05.04.1974, since the emigration rules of Saudi Arabia permitted employment of persons aged 21 years and above only at that time. Making use of the above manipulated document, he applied for passport on 24.07.1991, resulting in the consequence of getting entangled by the long arms of law. On the basis of a complaint preferred by the Passport Officer concerned on 03.06.1993, the criminal law was set in motion by the Police; and the above adolescent who is now the revision petitioner herein, along with another person who helped him in processing t
The main legal point established in the judgment is the determination of the applicability of the Juvenile Justice Acts of 2000 and 2015 to pending proceedings, based on the definitions of 'juvenile'....
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 ....
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....
(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....
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