Supreme Court · 2012 INSC 395 · Decided 13 September 2012

Ashwani Kumar Saxena v. State of M.P.

Court
Supreme Court of India
Citation
2012 INSC 395 · [2012] 10 S.C.R. 540
Case number
CRIMINAL APPEAL No. 1403/2012
Decided
13 September 2012
Bench
K.S. RADHAKRISHNAN, MADAN B. LOKUR (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
IPC Section 320, 302; CrPC; Juvenile Justice Act Section 6, 7; Arms Act Section 27

Headnote

Juvenile Justice (Care and Protection of Children) Act, 2000 - s. 7A rlw. r. 12 of Juvenile Justice Rules, 2007 - C Inquiry under - Nature, scope and ambit of - Claim of juvenility - Procedure to be followed - For determination of age - Held: Age determination inquiry is contemplated u/s. 7A rlw is an inquiry under the Act and to be conducted following the procedure u/r. 12 and D not following the procedure under Cr.P. C. - Age to be determined initially on the basis of the documents/certificates as indicated in r. 12(3)(a)(i)(ii) and (iii) - The question of obtaining medical opinion

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