Shaikh Rafiq & Another VS. State Of Maharashtra

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Shaikh Rafiq & Another VS. State Of Maharashtra

The Judgement Information System CASE NO.: Appeal (crl.) 440 of 2008

PETITIONER: Jyoti Prakash Rai @ Jyoti Prakash RESPONDENT: State of Bihar DATE OF JUDGMENT: 04/03/2008

BENCH: S.B. Sinha & V.S. Sirpurkar JUDGMENT: J U D G M E N T

CRIMINAL APPEAL NO 440 OF 2008

[Arising out of SLP (Crl.) No. 4082 of 2007]

S.B. SINHA, J : 1. Leave granted.

2. Appellant herein is said to be a delinquent juvenile. He was accused of commission of an offence under Section 302 of the Indian Penal Code for killing one of his school mates. He is said to have stabbed the deceased several times. The incident took place on 12.05.2000. His age was estimated at about 17 years as on the said date by the learned Magistrate before whom he was produced.

At that point of time, the Juvenile Justice Act, 1986 (for short "the 1986 Act") was in force. In terms of the provisions of the 1986 Act,

"juvenile" meant a boy who had not attained the age of sixteen years.

The Juvenile Justice (Care and Protection of Children) Act, 2000 (for short "the 2000 Act") cam...

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