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Head Note

Indian Penal Code,1860  - Section 302 , Juvenile Justice (Care And Protection of Children) Act, 2000  - Section 7 , Section 49

Juvenile Justice (Care and Protection of Children) Rules, 2007 - Rule 12 - Practice & Procedure - Claim of juvenility - Determination of age - Criminal case u/s. 302, IPC - Before framing of charges, respondent no. 1 claiming juvenility - Trial Court rejected the application - HC holding that respondent No.1 was a juvenile on the date of the commission of the offence - Order of the Trial Court set aside - Appeal against - Applicability of s. 49 of the Act - Section 49 of the Act is attracted when a person is brought before the competent authority and not otherwise - Respondent No. 1 not brought before the competent authority the Juvenile Justice Board - Section 49 of the Act not attracted competent authority had no jurisdiction to make an enquiry as to the age of respondent No. 1 as provided u/s. 49(1) of the Act - HC not right in reversing the findings of the Trial Court in exercise of its revisional jurisdiction - Age of respondent No.1 was a question of fact - Trial Court, has given good reasons for discarding the evidence adduced by the Respondent No.1 in support of his claim - Impugned order of HC set aside - Appeal allowed.

Topic(s)-Practice & Procedure , Claim of Juvenility , Determination of Age