Presumption Of Innocence U/S 3(i) Juvenile Justice Act Not Applicable To Adult Co-Accused
Case: Taja Begum & Ors V Ut Of J&K
Coram: Justice Sanjay Dhar
Case No.: CRM(M) No.411/2021
Court Observation: “The argument advanced by learned senior counsel appearing for the petitioners appears to be misconceived for the reason that presumption under Section 3(i) of the Juvenile Justice (Care and Protection of Children) Act, 2015, is applicable to the case of juvenile accused i.e. Jan Mohammad Changa and not to the cases of other adult accused, who, from the circumstances appearing in the material on record of the case, clearly shared a common intention of launching a murderous attack on the complainant party. The contention of learned senior counsel is, therefore, without any merit.”
“For this limited purpose, sifting of evidence is permissible but probative value of the material brought on record by the prosecution cannot be gone into at this stage.”
“[courts] can not meticulously examine or sift the statements of witnesses recorded during investigation of the case in order to determine the effect of contradictions…”
Previous Posts
Cancellation Of Bail Cannot Be Limited To The Occurrence Of Supervening Circumstances: Supreme Court
Ad Hoc Appointments Can Be Made On Rotational Basis, Seniority Not A Criteria: Karnataka High Court
Freedom Of Speech & Expression Extends To Reporting Judicial Proceedings: Supreme Court Rejects ECI Prayer To Stop Media Reporting Of Oral Remarks Download Judgement
