Supreme Court of India · 2012-09-13
ASHWANI KUMAR SAXENA vs STATE OF M.P.
- Citation / case number
- SC 2011/8100
- 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 appellant, Ashwani Kumar Saxena, was indeed a juvenile at the time of the alleged offense under Section 302 IPC, as he was 17 years and 11 months old, and thus the criminal court lacked jurisdiction. The appeal was allowed, and the case was directed to be referred to the Juvenile Justice Board for appropriate proceedings.