Supreme Court · 2009 INSC 61 · Decided 23 January 2009
Eerati Laxman v. State of A.P.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 61 · [2009] 1 S.C.R. 509
- Case number
- CRIMINAL APPEAL No. 139/2009
- Decided
- 23 January 2009
- Bench
- S.B. SINHA, MUKUNDAKAM SHARMA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302; Constitution; Juvenile Justice Act
Headnote
JUVENILE JUSTICE ACT, 1986: Murder- Conviction of accused under s.302 /PC - Claim c of being juvenile rejected by trial court on the ground that no reliance could be placed on the date of his birth recorded in the registers of primary school - On revision, High Court remanded the matter- Relying the trial court held that on the date of production before Magistrate, accused was not a juvenile - D Appeal dismissed by High Court - On appeal, Held: Arnit Das* has been ovemJled by Constitution Bench of Supreme Court - Date on which offence committed and not date on which accused was produced
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