SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2016 Supreme(All) 387

MAHENDRA DAYAL
GAURAV SHUKLA – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Dr. L.P. Mishra and Sharad Pathak for the Revisionist; Zafaryab Jilani, Additional Advocate General and Jalaj Kumar Gupta for the Respondents.

JUDGMENT

Hon’ble Mahendra Dayal, J.—The Juvenile Justice (Care and Protection of Children) Act, 2000 has been enacted with the object for providing proper care, protection and treatment by adopting a child-friendly approach in the adjudication and disposition of matters in the best interest of children and for their ultimate rehabilitation, but at the same time, it has also to be seen that a heavy duty is cast upon the Courts that while determining the age, the Court has to bear in mind that unscrupulous should not get himself declared as juvenile on the basis of wrong certificate. The determination of age is a delicate matter and it cannot be decided in a routine manner.

2. The revisionist Gaurav Shukla, who is involved in a case under Sections 365, 376 IPC relating to P.S. Ashiyana, District Lucknow, has claimed juvenility on the basis of high school mark-sheet in which his date of birth has been recorded as 2.10.1989. The alleged occurrence took place on 2.5.2005 in respect of which an FIR was lodged by the opposite party No. 2. It is not disputed that no one was named in the FIR. When the police proceeded with the investigation, the name of the revisionist alongwith other co-ac


























































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

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

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top