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1 - 10 of 24 (0.44 seconds)Abuzar Hossain @ Gulam Hossain vs State Of West Bengal on 10 October, 2012
17. In Mukarrub etc. vs. State of U.P. reported in 2017
Cr.L.J. 1013 wherein the plea of juvenility was taken before the
Apex Court for the first time by the appellant who happens to be
convict along with others for an offence punishable under Section
302/149 IPC, 148 IPC, has also considered the principle decided in
Abuzar Hossain v. State of W.B. reported in (2012) 10 SCC 489,
Parag Bhati (Juvenile) through legal guardian-mother-Rajni
Bhati vs. State of Uttar Pradesh & Anr. reported in (2016) 12 SCC
744 and concurred the same.
The Juvenile Justice (Care and Protection of Children) Act, 2000
Section 14 in The Juvenile Justice Act, 1986 [Entire Act]
Chand Kumar Bhati And Another vs State Of U.P. And Another on 22 September, 2015
17. In Mukarrub etc. vs. State of U.P. reported in 2017
Cr.L.J. 1013 wherein the plea of juvenility was taken before the
Apex Court for the first time by the appellant who happens to be
convict along with others for an offence punishable under Section
302/149 IPC, 148 IPC, has also considered the principle decided in
Abuzar Hossain v. State of W.B. reported in (2012) 10 SCC 489,
Parag Bhati (Juvenile) through legal guardian-mother-Rajni
Bhati vs. State of Uttar Pradesh & Anr. reported in (2016) 12 SCC
744 and concurred the same.
Om Prakash vs State Of Rajasthan & Anr on 13 April, 2012
16. The mode of activity being adopted by a juvenile
during course of commission of a crime in a background, as
discussed hereinabove happens to be matter of concerned and the
Hon'ble Apex Court in Parag Bhati (Juvenile) through legal
guardian-mother-Rajni Bhati vs. State of Uttar Pradesh & Anr.
reported in (2016) 12 SCC 744 has held after taking into
consideration the principle decided at an earlier occasion in Om
Prakash vs. State of Rajasthan & Anr. reported in (2012) 5 SCC
201, Abuzar Hossain v. State of W.B. reported in (2012) 10 SCC
489, Ashwani Kumar Saxena vs. State of Madhya Pradesh reported
in (2012) 9 SCC 750 and culled down the same in following way:
Akbar Sheikh & Ors vs State Of West Bengal on 5 May, 2009
18. Adverting to facts of the case, it is apparent that
appellant, in order to buttress his claim to be a juvenile, filed
certificate of Class-X issued by Ucchatar Madhyamik Shiksha
Mandal, Delhi. Furthermore, by another supplementary affidavit a
communiqué issued by the said institution has also been placed to
suggest that the same happens to be duly recognized as equivalent to
matric for the purpose of appointment in government service. But,
failed to produce any other notification of the Government of Bihar
to the effect that the aforesaid Class-X degree has been recognized
as equivalent degree of matriculation issued by the Bihar School
Examination Board or Central Board of Secondary Education.
Another document, the birth certificate has also been placed which
has been issued in the year 2015, after the occurrence and so
happens to be doubtful over its authentication as has been held by
Patna High Court D. REF. No.3 of 2016 dt.19-07-2017 14
the Hon'ble Apex Court in Akbar Sheikh v. State of W.B. reported
in (2009) 7 SCC 415 as well as Pawan v. State of Uttaranchal,
reported in (2009) 15 SCC 259.
Pawan vs State Of Uttaranchal on 26 February, 2009
19. Accordingly, the documents so referred above do not
inspire confidence to infer, prima facie regarding status of the
appellant to be juvenile on the alleged date of occurrence.