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S. M. SUBRAMANIAM, V. SIVAGNANAM
Krishnan – Appellant
Versus
State – Respondent
ORDER :
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the 1st respondent to place the petitioner before the Juvenile Justice Board at Tiruvallur to consider the plea of juvenility in pursuant to the petitioner's representation, dated 16.05.2023.
1. The Writ Petition is filed for a direction to the first respondent to place the petitioner before the Juvenile Justice Board at Tiruvallur to consider the plea of juvenility in pursuant to the petitioner's representation, dated 16.05.2023.
2. The petitioner was convicted by the Trial Court in S.C. No. 41 of 2018 by the judgment, dated 22.08.2019 for the charges under Section 450 of I.P.C and sentenced to undergo five years Rigorous Imprisonment and also imposed a fine of Rs.2,500/-, in default, to undergo six months Simple Imprisonment; under Section 5(i) r/w 6 of POCSO Act, 2012 and sentenced to under life imprisonment and also imposed a fine of Rs.2,500/-, in default, to undergo six months Simple Imprisonment and under Section 5(m) r/w 6 of POCSO Act, to undergo life imprisonment and also imposed a fine of Rs.2,500/-, in default, sentenced to undergo six m
(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 established that a juvenile's conviction is not vitiated by the absence of a prior claim of juvenility, affecting only the sentencing under juvenile law.
The court established that a juvenile's conviction remains valid even if their status is recognized post-trial; only sentencing can be modified under juvenile law.
Question of juvenility can be raised before any Court and at any stage.
(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 main legal point established in the judgment is that a claim of juvenility may be raised at any stage, and the burden of proof lies with the claimant to produce material that prima facie satisfie....
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.
The main legal point established in the judgment is that while the Juvenile Justice (Care and Protection of Children) Act, 2015 allows a claim of juvenility to be raised before any court at any stage....
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.
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