The INS News
No Result
View All Result
  • Home
  • News
    • Regional
    • Srinagar
    • Jammu
    • National
    • World
  • Business & Economy
  • Multimedia
    • Photo Gallery
    • Video Gallery
  • Health
  • Jobs & Careers
  • Press Releases
  • Blog
  • Home
  • News
    • Regional
    • Srinagar
    • Jammu
    • National
    • World
  • Business & Economy
  • Multimedia
    • Photo Gallery
    • Video Gallery
  • Health
  • Jobs & Careers
  • Press Releases
  • Blog
No Result
View All Result
The INS News
No Result
View All Result
Home News Regional

Increase in juvenile age from 16 to 18 years has retrospective effect: HC   

INS Correspondent by INS Correspondent
October 16, 2017
A A
Accused can’t be punished on moral conviction or suspicion: HC 
Share on FacebookShare on TwitterWhatsappTelegramEmail

RELATED POSTS

Forest Department Bans Camping, Off-Roading at Four Major Kashmir Tourist Destinations to Protect Fragile Ecosystem

DGP Reviews Security Grid in Downtown Srinagar

BJP Serves Rs 100 Crore Legal Notice to CM Omar Abdullah Over “Defamatory” Remarks

Srinagar: Raising of age of the juvenile from 16-18 years has a retrospective effect and the plea of juvenility can be raised at any time, even after the pronouncement of the judgment, the J&K High Court has held.
Hearing a petition filed by a convicted person, a bench of Justice M K Hanjura as ordered enquiry by its registrar judicial to determine the juvenility status of a youth convicted and sentenced in connection with offence for unnatural act.
“The Registrar (Judicial) shall record the finding, in this regard, on the basis of the material that has been and may be produced by the petitioner in support of his claim that he had not completed 18 years of age on 10th June, 2009, i.e. the date of the alleged occurrence. Registrar (Judicial) shall afford a reasonable opportunity of being heard to the (State) to rebut the contentions of the petitioner,” the court said and asked the Registrar Judicial to make all endeavor to see that the enquiry is brought to its logical conclusion within a fortnight.
The petitioner— Ishfaq Ashraf Najar—has been convicted and sentenced to undergo five years rigorous imprisonment and a fined Rs 30,000 in case FIR (No. 105/2009) of Police Station, Chadoora for an offence under Section 377 RPC (unnatural act) by Chief Judicial Magistrate Budgam on 28 April last year.
Najar had filed an application before the Chief Judicial Magistrate, Budgam, seeking protection under the Juvenile Justice (Care and Protection of Children) Act, 2013, by producing birth certificate issued in his favour by the Jammu and Kashmir State Board of School Education, which depicted that he was born on the 5th day of November, 1991.
The petitioner claimed that on 10th of June, 2009, i.e., the date the occurrence as alleged in the report laid by the police authorities before the Court of Chief Judicial Magistrate, Budgam, he was 17 years, 7 months and 5 days old and, as such, he was a juvenile and is, therefore, entitled to take umbrage under the provisions of the Act.
 “The trial court has got swayed by the argument that the Act is prospective and not retrospective in application, which is bad in law and has resulted in the miscarriage of justice,” the court said, underlining that raising of the age of the juvenile from 16 to 18 years has a retrospective effect and the plea of juvenility can be raised at any time, even after the pronouncement of the judgment irrespective of the fact, whether any such plea has, or has not, been raised earlier. “It is only the date of the commission of offence which is material and not the date on which cognizance has been taken or the charge has been framed or the conviction has been recorded. It was, therefore, incumbent on the part of the Trial court to look into the issue of the juvenility of the petitioner raised before him by the petitioner. The Trial Court has got swayed by the argument that the Act is prospective and not retrospective in application, which is bad in law and has resulted in the miscarriage of justice,” the court said.
Buy JNews
ADVERTISEMENT
Previous Post

Farooq, Omar greet people on Urs of Noor-ud-din Noorani

Next Post

 55 arrested, PSA slapped on 2, huge quantity of drugs recovered

INS Correspondent

INS Correspondent

Related Posts

No petrol without helmet in Anantnag, DC issues order
Regional

Forest Department Bans Camping, Off-Roading at Four Major Kashmir Tourist Destinations to Protect Fragile Ecosystem

July 14, 2026
DGP Reviews Security Grid in Downtown Srinagar
Regional

DGP Reviews Security Grid in Downtown Srinagar

July 13, 2026
BJP Serves Rs 100 Crore Legal Notice to CM Omar Abdullah Over “Defamatory” Remarks
Regional

BJP Serves Rs 100 Crore Legal Notice to CM Omar Abdullah Over “Defamatory” Remarks

July 13, 2026
SIA secures Interpol Red Corner Notice against HM terrorist in 2013 terror attack case
Regional

SIA secures Interpol Red Corner Notice against HM terrorist in 2013 terror attack case

July 11, 2026
Statehood can’t be held hostage to BJP rule: CM Omar
Regional

Statehood can’t be held hostage to BJP rule: CM Omar

July 11, 2026
India primary guarantor of peace in Indian Ocean Region: Rajnath
Regional

India primary guarantor of peace in Indian Ocean Region: Rajnath

July 10, 2026
Next Post
Saving even one life is great contribution to humanity : DGP S P Vaid

 55 arrested, PSA slapped on 2, huge quantity of drugs recovered

Anantnag beat Srinagar in women cricket championship

Anantnag beat Srinagar in women cricket championship




Section 144 imposed around Budgam exam centres

Cluster University Srinagar change in exam centres

March 6, 2019
System and Operation Wing PDD Jmu wins Cricket Premier League T-20 2017

System and Operation Wing PDD Jmu wins Cricket Premier League T-20 2017

October 8, 2017
Global Times says China tries hard to avoid military clash with India

Will maintain enhanced troop presence along China border: Army chief

May 20, 2021

About

Indian News Service (INS) is the first registered online news portal from the state of Jammu & Kashmir. Our creative team consists of like-minded and socially concerned team of media professionals who carry decades of experience in their field of profession at their back. Our core values have pillars in honesty, empathy, credibility, equality and integrity.

More

© 2022 INS News - Designed by GITS.

No Result
View All Result
  • Home
  • News
    • Regional
    • Srinagar
    • Jammu
    • National
    • World
  • Business & Economy
  • Multimedia
    • Photo Gallery
    • Video Gallery
  • Health
  • Jobs & Careers
  • Press Releases
  • Blog

© 2022 INS News - Designed by GITS.