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MAHENDAR KUMAR GOYAL
Brij Bhushan – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. conviction under section 376 ipc. (Para 1 , 2) |
| 2. determination of juvenility based on age. (Para 3 , 4 , 5 , 6) |
| 3. argument for remitting case to juvenile justice board. (Para 7 , 8) |
| 4. judicial observations on previous cases regarding juvenility. (Para 9 , 10 , 11) |
| 5. appeal partly allowed; sentenced remitted. (Para 12 , 14) |
JUDGMENT :
Mahendar Kumar Goyal, J. - These criminal appeals are directed against the judgement dated 26.8.1987 passed by learned Additional Sessions Judge, Karauli (Rajasthan) (for brevity-'the learned trial court') in Sessions Case No.8/1986 whereby, while convicting the accused-appellants (for short-'the appellants) under Section 376 IPC, they have been sentenced as under:
2. The relevant facts in brief are that a written report (Ex.P4) dated 28.1.1985 was lodged by the complainant Merry Zaikab, an Auxiliary Nurse and Midwife, with the Police Station, Masalpur stating therein that on that very day at about 9.30 am when she was going to Siloti Village, she was subjected to rape by the appellants whereupon, an FI
The court confirmed that a claim of juvenility can be raised at any stage, impacting sentencing under the Juvenile Justice Act.
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.
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....
Juveniles charged with offences must be treated according to juvenile law; failure to do so results in invalidation of convictions and sentences.
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) 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....
(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....
The court affirmed the conviction but set aside the sentence for a juvenile offender, imposing a fine instead, in accordance with juvenile justice provisions.
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