The High Court of Judicature at Bombay dismissed a writ petition by an accused applicant claiming juvenility. The court held the applicant was over 18 years old at the time of the incident and entitled to no benefits, dismissing the plea without reliance on Section 7A.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
vrd 1 WP2461/12
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.2461 OF 2012
Pravin J. Pawar ...Petitioner v/s
The State of Maharashtra ...Respondents
Mr Mandar Soman i/b Mr T.D. Deshmukh for Petitioner. Ms S.V. Sonawane, APP for State.
CORAM : K.U. CHANDIWAL J.
DATED : 1ST NOVEMBER 2012.
P.C. :-
juvenility in conflict with law. He desired that
his date of birth recorded by Gram Panchayat as 14th October 1990 or in the school record as 17th October 1989 to be treated as the basis. The learned Additional Sessions Judge considered both the dates and found that the incident is dated 4th
May 2009, by any calculation the accused applicant
Pravin will be more than 18 years i.e. beyond 19 years and did not shower benefits under section 7A
vrd 2 WP2461/12 of the Juvenile Justice (Care and Protection of
Children) Act 2000. I do not see any error in such exercise. Acquittal of co-accused under section 307 of IPC will not be a leverage to seek benefit in
writ jurisdiction. The accused applicant has to face the trial. Writ petition dismissed.
2 issues framed by the court
Whether the accused applicant claiming juvenility was entitled to benefits under Section 7A of the Juvenile Justice Act given his age at the time of the incident.
Whether acquittal of a co-accused under Section 307 IPC provides leverage to seek benefits under the Juvenile Justice Act in writ jurisdiction.
1 provisions across 1 enactments
Pravin J. Pawar
The State of Maharashtra
K.U. Chandiwal J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
