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JYOTSNA SHARMA
Ram Lakhan – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
Sri Rahul Mishra, learned counsel for the revisionist, Sri Narendra Singh, learned counsel for the opposite party no.2 and learned A.G.A. for the State are present.
Order on Criminal Misc. Amendment Application No. 5 of 2024
An amendment application has been filed on behalf of the revisionist seeking amendment in the prayer clause.
The amendment application is allowed.
Let necessary amendment be carried out during the course of the day.
Order on Criminal Revision
1. This criminal revision by revisionist Ram Lakhan has been filed against O.P. No. 2 Sangeeta Devi and four others challenging the order dated 26.03.2022 by which the victim was directed to be kept in a child care institution and further the order dated 10.05.2022, by which the application for obtaining custody of the victim was rejected by C.W.C. By means of this revision a further prayer has been made by the revisionist to set aside the order dated 26.08.2022 passed by lower appellate court in Criminal appeal no. 32 of 2022 (Ram Lakhan Vs. State of U.P. and others) arising out of case crime no. 05 of 2022, under sections 363, 366, 376(3) I.P.C. and section ¾ of POCSO Act, by which the appeal filed challenging the or
Proper determination of age and declaration as a child in need of care and protection is essential for the detention of minors in child care institutions, and the J.J. Act, 2015 provides for release ....
The main legal point established is the temporary nature of detention in a protection home for a child in need of care and protection under the Juvenile Justice Act, 2015, and the wide powers of the ....
Offence of Rape – Determination of Age - As per statutory mandate of S. 94(2) of J.J. Act, primacy is to be accorded to date of birth certificate from school or matriculation or equivalent certificat....
A child rescued under the Immoral Traffic Prevention Act must be treated as a victim needing care, not returned to a parent with allegations of exploitation.
Custody of daughter – Child cannot be handed over to mother who is allegedly using her daughter in prostitution racket.
where it was found on enquiry that educational certificates were fabricated or manipulated, the Court could discard the date of birth as reflected therein.
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