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ANOOP KUMAR DHAND
Kailash – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
Anoop Kumar Dhand, J.
The term "Juvenile" has been originated from the Latin word "Junvenilis". It means someone young & immature. It can be referred to as the early stage of development, youthfulness or lack of maturity. A Juvenile is a child who has not reached the age at which they may be held accountable for their criminal activities in the same way that an adult can. When referring to a young criminal offender, the term "Juvenile" is used. As a result, a Juvenile is a child who is accused of doing certain acts or omissions that are illegal and have been classified as such by penal laws.
2. In our country, child crime is classified as a juvenile crime i.e., delinquent acts committed by children under a specified age are classified as child crimes.
3. Whether any Juvenile below the age of 16 years can be sentenced to undergo imprisonment like an adult criminal? Whether a child criminal who has not claimed himself as "Juvenile" during the course of trial can be convicted and sentenced to undergo sentence with other adult criminals?
4. Here in the instant case the appellant was tried as an accused of committing offence of rape and after trial he was found guilty and sentence
The plea of juvenility can be raised at any stage, including appeal, and must be considered under the Juvenile Justice Act, 2015, allowing for modification of sentence based on age.
(1) Plea of juvenility can be raised before any Court and it shall be recognized at any stage, even after final disposal of case.(2) Rape and disappearance of evidence – Merits of conviction could be....
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) Law provides full coverage to a person who is established to be a child on the date of offence, to avail benefits admissible to a child under 2015 Act even if case has been finally decided and al....
The court established that in cases of juvenility, the benefit of the doubt should favor the accused, and direct evidence from the victim is paramount in determining the facts.
(1) Bail petition – There exists difference between a child below 16 years and those who are accused of or found guilty for a heinous offence and above 16 years – Section 12 of J.J. Act will have no ....
The court affirmed that juvenility must be claimed at trial; failure to do so precludes later claims, especially for heinous offences.
(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....
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) 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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