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.