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IN THE HIGH COURT OF MADHYA PRADESH
Rohit Arya, J
Indrasingh Jaysingh Ji Rajput v. State of Madhya Pradesh
| Table of Content |
|---|
| 1. introduction to the case and legal framework. (Para 1 , 2) |
| 2. arguments regarding age determination process. (Para 3 , 4 , 6) |
| 3. court observations on statutory provisions regarding age determination. (Para 5 , 7) |
| 4. legal rationale based on existing legislation. (Para 8) |
| 5. final ruling and order. (Para 9) |
1. This criminal revision is filed under S.53 of Juvenile Justice (Care and Protection of Children) Act, 2008 (now repealed hereinafter as the 'Act') and is directed against the order passed by learned Special Judge under N.D.P.S. Act, Neemuch in Special Sessions Trial No. 28/2015, dated 8/3/2016, whereby, learned Special Judge held that on the date of offence i.e. 28/06/2015, age of the applicant was above 18 years and therefore, it was held by the Special Judge that his trial would be held under the provisions of Cr.P.C.
2. The relevant facts for disposal of this revision are that an order under S.7 - A of repealed Act was filed by the present applicant before the learned Special Judge, which was decided by the Special Judge by the impugned order.
3. Learned counsel for the applicant submits that as per provisions of S.7 - A of repealed 'Act' and R.12 of Juvenile J
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