Message: Return type of CI_Session_files_driver::open($save_path, $name) should either be compatible with SessionHandlerInterface::open(string $path, string $name): bool, or the #[\ReturnTypeWillChange] attribute should be used to temporarily suppress the notice
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Delay in raising the claim of juvenility is no ground for rejection of such a claim.
21 May 2021 05:32 pm
19th March 2021
Justices: Indira Banerjee and Krishna Murari
Section 302 of IPC &
Section 2(k) of the Juvenile Justice (Care and Protection of Children) Act, 2000)
It has been said by the Court that the plea of juvenility had possibly not been taken before the Trial Court as the Trial was concluded and the applicant Isha Charan was convicted before the Juvenile Justice (Care and Protection of Children) Act, 2000 was enacted. However, section 2(k) of the Juvenile Justice (Care and Protection of Children) Act, 2000, defines a “juvenile” or “child” as a person who has not completed eighteen years of age. A person who was a juvenile at the time of commission of offence is entitled to the protection.
The claim of juvenility may be raised at any stage, even after the final disposal of the case as held by this Court in Abuzar Hossain @ Ghulam Hossain vs. State of West Bengal reported in (2012) 10 SCC 489. The delay in rising the claim of juvenility is no ground for rejection of such a claim. Similar view has been taken in numerous subsequent cases of this Court.
Further, it was observed that Section 2(k) of the Juvenile Justice (Care and Protection of Children) Act, 2000, defines a “juvenile” or “child” as a person who has not completed eighteen years of age. A person who was a juvenile at the time of commission of offence is entitled to the prosecution.
