Back
NIDHI GUPTA
Aarif – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Nidhi Gupta, J.
CRM-39770-2023
This is an application under Section 5 of Limitation Act, read with Section 482 Cr.P.C. for condonation of delay of 26 days in filing the present petition.
After going through the contents of the application, which is supported by affidavit of the applicant/petitioner, the same is allowed subject all just exceptions, and delay of 26 days in filing the present petition is condoned.
Main Case
Challenge in the present petition is to the orders dated 25.05.2023 passed by learned Special Court/ASJ (Fast Track), POCSO, Palwal, dismissing the appeal filed by the present petitioner under Section 101(2) of Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter to be referred as 'the JJ Act') laying challenge to the order dated 24.04.2023 passed by learned Principal Magistrate, Juvenile Justice Board, Palwal, whereby it has been directed that the petitioner will be tried as an adult.
2. Learned counsel submits that as per the complaint given by the mother of the victim (complainant) to the police, it has been alleged that on 29.03.2022 at about 8:00 PM daughter of the complainant was out of her house when present petitioner (Aarif) lure
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.
Preliminary assessment of juvenile in conflict with law – Lack of experience coupled with child’s limited ability to deeply understand long-term consequences of their actions can lead to impulsive / ....
The court emphasized the necessity for comprehensive assessment of a juvenile's understanding of the consequences of alleged offences, mandating multiple expert evaluations under the Juvenile Justice....
The court emphasized the necessity of providing a child in conflict with law access to assessment reports to ensure compliance with principles of natural justice under the Juvenile Justice Act.
Procedure provided under Sections 15 and 19 of Juvenile Justice (Care and Protection of Children) Act, 2015 has been held to be mandatory.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
