Provisions Of J&K Juvenile Justice Act 2013 Retrospective, Age Of Juvenility Is 18 Yrs & Not 16
Case: Ishfaq Ahmad Najar Vs State of J&K
Coram: Justice Sanjay Dhar
Case No.: CRMC No.199/2017
Court Observation: “The purport of this provision is that even in the case of pending matter or matters, which are at the revisional or appellate stage or in other words, which have not acquired finality, the issue with regard to determination of juvenility of a child in conflict with law has to be governed by the provisions contained in the Act of 2013. It is pertinent to mention that in terms of the Act of 1997, the age of juvenility in case of a male child was fixed as upto 16 years, whereas in terms of Section 2 (n) of the Act of 2013, the same has been fixed as 18 years”
“Court is of the opinion that the petitioner was a juvenile on the date of commission of the offence and he has already undergone considerable jail sentence, partly as an under-trial and partly as a convict and, as such, the appeal filed by him deserves to be allowed and the same is, accordingly, allowed without going into merits of the case and without passing any consequential order of holding of fresh trial against the petitioner in accordance with the provisions of the J&K Juvenile Justice (Care and Protection of Children) Act, 2013, or subsequent legislation that has come into operation”
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