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april 2012

Supreme Court of India · 2012-04-13

OM PRAKASH vs STATE OF RAJASTHAN

Citation / case number
SC 2011/6899
Court
Supreme Court of India
Petitioner
OM PRAKASH
Respondent
STATE OF RAJASTHAN
Author
GYAN SUDHA MISRA
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 that medical evidence and other circumstances should be considered in determining age, especially when academic records are inconclusive or withheld. The appeal was allowed, and the matter was directed for trial in a competent criminal court rather than a juvenile court.

OM PRAKASH vs STATE OF RAJASTHAN · Niyam