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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
Rajan Oraon, S/o. Udesh Oraon – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Sujit Narayan Prasad, J.
I.A. No. 11378 of 2024:
1. The instant interlocutory application has been filed under Section 9 (2) and9(3) of the Juvenile Justice (Care and Protection) of Children Act, 2015 before this Court to declare the appellant as juvenile/child at the time of alleged occurrence.
Factual Matrix:
2. The prosecution case is based on the written report (Ext.3) addressed to the Officer-in-charge of Kanke Police Station; Ranchi submitted by the 'victim' (name withheld) on 27.11.2019. Therein she stated that on 26.11.2019 between 5.30 to 5.45 P.M, she along with her friend Mohan Singh Bodra (P.W.17) took the ring road from BIT Mesra to NUSRL Hostel where she was to get dropped. On the way they stopped near Sangrampur Bus stand to attend nature’s call and stayed back there for some time under the shade of bus stop. In the meantime, a car in which 6 to 7 people were crammed stopped before them. They were all inebriated.
3. Furthermore, two persons on a Pulsar bike came to a halt before them. The occupants of the vehicles inquired the 'victim' and her friend as to why they were present at the bus stop. They responded that they had to go to NUSRL hostel. Upon this, few p
Timely claims of juvenility under the Juvenile Justice Act must be substantiated with evidence during trial; late submissions impede mental capacity assessments.
The court affirmed that juvenility must be claimed at trial; failure to do so precludes later claims, especially for heinous offences.
(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 ....
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) 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....
(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 ....
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.
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