permitted to reagitate that
plea. In the applicant’s case, juvenility plea has been raised for the
first time before this Court, albeit after dismissal ... upheld by this
Court.
21. It is a fact that the juvenility plea was raised in Writ Petition
32
(Criminal
person to be a juvenile on the date of commission of the
offence, it shall forward the juvenile to the Juvenile Justice Board for passing ... remain a juvenile or when the
finding of juvenility came to be returned by the appellate court before which the
plea was raised in proceedings
standards for delinquent juveniles and
juveniles in conflict with law. These standards provide what
orders may be passed regarding delinquent juveniles and the
orders that ... Panchal, JJ) on 10.11.2009, on behalf of the
appellant, a plea of juvenility on the date of incident was raised. In
support of the contention
Court vide order dated 16.08.2016, the convict had not raised the
plea of juvenility, yet the law permits him to raise such a plea even ... date of incident. However,
where a plea of juvenility is found unscrupulous or the
materials lack credibility or do not inspire confidence and
even prima
clear pronouncement about the procedure to be followed if such plea of juvenile is taken at the appellate stage. In my opinion, judicial discipline requires ... minority was taken and then to send the delinquent child/juvenile the Juvenile Court for passing appropriate order. in accordance with Section 22 of the said
upon the constitutional mandate vis-
1
a-vis the plea of juvenility. Lord Atkin’s words of wisdom in United
Australia Limited v. Barclay ... rejecting such a plea would not
be termed as a final one. To put it differently, even assuming a plea of
juvenility was raised
counsel for the appellant, Ms.
Vanshaja Shukla has submitted that the plea of juvenility may be
considered first as the claim of the appellant indeed ... raised. The plea of the petitioner is
predicated only on CM No.96164/2012 filed
seeking to raise the plea of juvenility based
determine the age of the
appellant so as to decide his plea of juvenility as per law.
8. Per contra, Shri Azmat Hayat Amanullah, learned ... though the plea was raised at the earliest opportunity. It can be
said without a cavil of doubt that the plea of juvenility raised
respect of the juvenile, shall forward the juvenile to the
Juvenile Board, who shall pass order in respect of the juvenile. Section 20
enables ... accused and to forward the juvenile to the Juvenile Board. It was also
observed that reference to the Juvenile Board at the belated stage
During the pendency of the appeal before the High Court, a plea of juvenility was raised on behalf of the appellant on the ground that ... appeal has accordingly travelled to this Court.
8. The plea of juvenility was raised before the High Court during the pendency of the appeal