Back
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K.SURENDER, E.V.VENUGOPAL
Mohammad Dastagir Khan @ Asif – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
|---|
| 1. summary of case facts and timeline. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. court's findings on circumstantial evidence. (Para 7) |
| 3. arguments related to juvenile justice assessment. (Para 8 , 9) |
| 4. statutory requirements for juvenile assessments. (Para 10 , 11 , 12 , 13) |
| 5. importance of thorough assessments in juvenile cases. (Para 14 , 15) |
| 6. guidelines for conducting preliminary assessments. (Para 16 , 17 , 18 , 19 , 20) |
| 7. final findings of preliminary assessment by board. (Para 21 , 22) |
| 8. children's court decision and its implications. (Para 23 , 24 , 25 , 26) |
| 9. mandatory independent assessment by children's court. (Para 27 , 28 , 29 , 30) |
| 10. legal duty of the children’s court regarding assessments. (Para 31 , 32 , 33) |
| 11. outcome of the case and remand for further assessment. (Para 34 , 35) |
| 12. decision on criminal appeal. (Para 36) |
JUDGMENT :
(K. Surender, J.)
1. This appeal has been filed by the appellant/accused, aggrieved by the judgment dated 27.6.2019 in SC PCS No. 70 of 2018 passed by the learned I Additional Metropolitan Sessions Judge-cum- Special Judge for Trial of Cases under the Protection of Children from Sexual Offences Act, 2012 (for short ‘the Act’). The appe
Proper independent assessments under the Juvenile Justice Act are mandatory before a child can be tried as an adult for heinous crimes to ensure a just trial.
Determination of juvenility – Preliminary assessment required under Section 15 of J.J. Act is significant, and cannot be considered a mere formality due to consequences attached to it – It is a delic....
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....
Mandatory inquiries under the Juvenile Justice Act must be conducted to assess a child's capacity to commit an offence; failure to do so renders the trial invalid.
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
