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september 2012

Supreme Court of India · 2012-09-13

Ashwani Kumar Saxena vs State Of M.P

Citation / case number
AIR 2013 SUPREME COURT 553
Court
Supreme Court of India
Petitioner
Ashwani Kumar Saxena
Respondent
State Of M.P
Author
K. S. Radhakrishnan
Bench
Madan B. Lokur, K.S. Radhakrishnan

Judgment text excerpt

The Supreme Court examined the inquiry process under Section 7A of the Juvenile Justice (Care and Protection of Children) Act, 2000, and Rule 12 of the Juvenile Justice (Care and Protection of Children) Rules, 2007, emphasizing the need for proper appraisal by criminal courts regarding juvenility claims. The Court held that the determination of age must consider all evidence, including school records and ossification tests, and clarified that the burden of proof lies on the accused to establish their juvenile status. The appeal was allowed, and the case was referred to the Juvenile Justice Board for appropriate proceedings.

Ashwani Kumar Saxena vs State Of M.P · Niyam