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april 2012

Supreme Court of India · 2012-04-13

Om Prakash vs State Of Rajasthan & Anr

Citation / case number
AIR 2012 SUPREME COURT 1608
Court
Supreme Court of India
Petitioner
Om Prakash
Respondent
State Of Rajasthan & Anr
Bench
Gyan Sudha Misra, G.S. Singhvi

Judgment text excerpt

The Supreme Court addressed the applicability of the Juvenile Justice (Care and Protection of Children) Act, 2000 in cases involving serious offenses like rape under Section 376 IPC. The Court held that the benefit of juvenile protection cannot be extended to an accused unless there is conclusive evidence of their age being below 18 years at the time of the offense. The Court emphasized the need for reliable evidence, including medical records, to determine age, especially when academic certificates are unavailable or disputed. The appeal was allowed, and the matter was directed for trial in a competent criminal court instead of a juvenile court.

Om Prakash vs State Of Rajasthan & Anr · Niyam