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Head Note

Indian Penal Code,1860  - Section 376 (2) , Section 363 , Juvenile Justice (Care And Protection of Children) Act, 2000  - Section 6 , Section 7 , Section 68

Gang rape on a girl aged 13-1/2 years - Accused claiming to be juvenile and praying for benefit of Juvenile Justice Act - No conclusive evidence on record with regard to age of accused - Two views with regard to age possible one in favour of accused and the other against him - Benefit of Juvenile Justice Act refused - Held - (i) It is grave and serious offence and repels against moral conscious. (ii) Benefit of principle of benevolent legislation not extended as offence was committed in a well planned manner reflecting maturity of mind of accused rather than innocence indicating. (iii) Where, however, there is plea proof of Juvenility, the protection of Juvenile Justice Act may be granted.

Juvenile Justice (Care And Protection of Children) Act, 2000  - Section 6 , Section 7 , Section 49

Determination age of Juvenile offender - Evidentiary value of medical evidence - Held - (i) Medical evidence and other attending circumstances would be of value and assistance if the academic record certificate do not conclusively prove the age of the accused. (ii) Reliance would be placed on medical evidence if the certificates relating to academic records is deliberately with held in order to conceal the age of the accused and authenticity of the medical evidence regarding the age is under challenge.

Topic(s)-Evidentiary Value of Medical Evidence