Supreme Court · 2012 INSC 373 · Decided 4 September 2012
Babla @ Dinesh v. State of Uttarakhand
- Court
- Supreme Court of India
- Citation
- 2012 INSC 373 · [2012] 7 S.C.R. 477
- Case number
- CRIMINAL APPEAL No. 1349/2012
- Decided
- 4 September 2012
- Bench
- H.L. DATTU, C.K. PRASAD (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 3021149, 302, 149, 147; Juvenile Justice Act Section 2(h), 2(k)
Headnote
JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT 2000: ss. 2(k) and 15 - Plea of juvenility - Held: Can be raised even before Supreme Court for the first time - The report of Addi. Sessions Judge concluding that the appellant was aged about 10-15 years on the date of commission of the -Appellant is, thus, juvenile within 0 the expression uls 2(h) of 1986 Act and s. 2(k) of 2000 Act - Appellant has undergone the actual period of more than 3 years out of the maximum period prescribed u/s 15 - While sustaining the conviction, the sentence awarded to him by courts below is set
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