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G. S. SANDHAWALIA, HARPREET KAUR JEEWAN
Suraj – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. factual background of the case (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments regarding juvenility claim (Para 7 , 8) |
| 3. court's analysis on provisions of juvenile justice act (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 4. observations on trial court's handling of juvenility claim (Para 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 5. implications of not addressing juvenility (Para 25 , 26 , 27 , 28) |
| 6. obligation to conduct a proper inquiry (Para 29 , 30 , 31 , 32) |
| 7. final orders and directives issued by the court (Para 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40) |
JUDGMENT
Harpreet Kaur Jeewan, J - An application under Section 14 of the Juvenile Justice (Care and Protection of Children), Act, 2000, read with Section 482 of the Code of Criminal Procedure, 1973, has been filed praying for referring the matter to the Juvenile Justice Board (hereinafter referred to as "the Board") for holding an enquiry and declaring Suraj (applicant-appellant) as juvenile.
2. Facts relevant for the adjudication of the present application are as follows:
The main legal point established in the judgment is the importance of following the prescribed procedure for determining juvenility under the Juvenile Justice Act, including the specific inquiry proc....
The court ruled that failure to conduct timely and proper assessments under the Juvenile Justice Act invalidates the trial of a juvenile as an adult, emphasizing adherence to statutory timelines.
(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 ....
Writ of habeas corpus – Criminal trial – Claim of juvenile – determination of age – Certain limitations to this writ and the most basic of such limitation is that the Court, before issuing any writ o....
(1) Claim of juvenility might be raised before any court and it shall be recognized at any stage, even after final disposal of case – If two views are possible, Court should lean in favour of holding....
(1) Claim of juvenility may be raised at any stage of a criminal proceeding, even after final disposal of case – Delay in raising claim of juvenility cannot be a ground for rejection of such claim – ....
A claim of juvenility can be raised at any stage, and, if proven, invalidates previous convictions under the Juvenile Justice Act, emphasizing the need for child-friendly adjudication.
The main legal point established in the judgment is the mandatory nature of the preliminary assessment under section 15 of the Juvenile Justice Act, to be completed within the specified time frame as....
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