Nirmala S. v. State and Others - 2014 Supreme(Online)(Mad) 88

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2014 Supreme(Online)(Mad) 88

MADRAS HIGH COURT
, J
Nirmala S. v. State and Others

Table of Content
1. details of the petitioner and the detenu's conviction. (Para 1 , 2 , 3)
2. court's examination of evidential standards for age determination. (Para 4 , 5 , 6)
3. medical examination results and implications on juvenility. (Para 7 , 8 , 9)
4. final rejection of the claim due to insufficient evidence. (Para 10 , 11)

1. The petitioner, S. Nirmala who is the wife of the detenu P. Sekar, has filed this Habeas Corpus Petition to release her husband from detention by extending to him the beneficial provisions of the Juvenile Justice [Care and Protection of Children] Act, 2000 [hereinafter referred to as ' the Act' ], as he had not completed 18 years of age on the date of the commission of the offence, for which he is in incarceration as a convict.

2. The detenu P. Sekar was involved in the offence that took place on 05.01.1997 and a case in Upper Koonoor Police Station Cr. No. 14/1997 for offence under S.364, S.302, S.392 and S.201 IPC was registered against him by the third respondent police. Along with two others, he was tried in S. C. No. 31/1998 by the learned Principal District and Sessions Judge, Oothagamandalam and was convicted and sentenced to death.

3. This Court in