In an order passed on September 11, Justice Subodh Abhyankar of the high court's Indore bench made these strongly-worded observations while dismissing an appeal filed by a man against the lower court's sentence in the case of four-year-old girl's rape in 2017.
A paternal aunt of the teenager allegedly involved in the Pune Porsche car crash that killed two IT professionals last month has moved the Bombay high court claiming the boy was in 'illegal' detention and sought his immediate release.
The Juvenile Justice Act that exempts minors from severe punishment could be changed to deliver tougher punishment to juveniles accused of heinous crimes like rape and murder, reports Anita Katyal
Three individuals, including two minor boys and a 19-year-old youth, have been arrested for the brutal assault of a 17-year-old Dalit school student in Tamil Nadu. The assault, which resulted in the victim suffering severe injuries including severed fingers, is alleged to have stemmed from a dispute over a kabaddi match or a love proposal. Police are investigating the incident and have invoked provisions of the SC/ST (Prevention of Atrocities) Act against the accused.
Agarwal, a real estate developer, was arrested under sections 75 and 77 of the Juvenile Justice Act, while the others were booked for allegedly serving alcohol to an underage person.
Questioning the role of the Centre and Delhi government, the parents of December 16 gangrape victim asked why no action was taken earlier to stop the release of the juvenile.
'Given that 95 per cent of rapes are committed by adults and only 5 per cent by juveniles, these 95 per cent of rapes will continue to take place, so what women's safety are we talking about?'
The Bombay high court on Friday queried if it amounted to confinement when the juvenile accused in the Pune Porsche case was granted bail but was taken back in custody and kept in an observation home.
The case caused a national uproar after the Juvenile Justice Board member L N Danwade gave bail to the accused on very lenient terms, including writing a 300-word essay on road safety.
The Kerala High Court has quashed a case booked under the POCSO Act against six journalists of Malayalam news channel Asianet for allegedly disclosing the identity of a minor victim of sexual assault in a program on the ill effects of drug abuse. The court said that the channel's intention was not to disclose the victim's identity and that the program was intended to alert the public about the increasing drug abuse among youngsters in Kerala. The court also criticized some media outlets for reporting allegations without proper investigation or inquiry.
DCW chief Swati Maliwal on Friday sought intervention of the Chief Justice of India and the President against releasing of the juvenile convict in the December 16 gang-rape case, saying he must be kept in observation home until his reformation is ascertained.
The Prevention of Corruption Act was also invoked as the juvenile is accused of colluding with his parents, doctors from the government-run Sassoon Hospital and some middlemen to swap his blood samples, the official said.
A teacher who asked other students to slap a Muslim boy in a school in Muzaffarnagar surrendered at a Protection of Children from Sexual Offences (POCSO) Act court and was released on bail, an official said on Friday.
The 17-year-old minor allegedly involved in the Pune Porsche car crash that killed two techies has submitted a 300-word essay on road safety complying with the bail conditions of the Juvenile Justice Board (JJB), an official said on Friday.
The Pune police have written to the Juvenile Justice Board (JJB) seeking permission to probe the minor allegedly involved in the Porsche crash that left two techies dead, amid the new twist involving blood samples, an official said on Friday.
The 17-year-old car driver was detained after a case was registered against him. He was produced in a juvenile court which granted him bail, they said.
The FBI has arrested Cindy Rodriguez Singh, a woman on the agency's '10 Most Wanted Fugitive' list, accused of killing her six-year-old son and fleeing to India to evade prosecution.
A judicial magistrate (first class) granted bail to the 17-year-old boy's father Vishal Agarwal, a prominent builder, and his grandfather, who were arrested in May-end and are currently in judicial custody.
A committee formed to probe the conduct of two Juvenile Justice Board (JJB) members in connection with the bail given to the minor accused in the Pune Porsche crash case has found 'procedural lapses', 'misconduct' and 'non compliance of norms', a senior official said on Saturday.
The Supreme Court on Monday issued a notice to the Centre on a plea of the father of the December 16 gangrape victim that the juvenility of an accused needs to be ascertained by a criminal court and not by the Juvenile Justice Board.
Pune Police on Monday said they will seek a higher court's permission to try as an adult a 17-year-old boy whose car allegedly knocked down and killed two persons in Kalyani Nagar area in Pune.
The court noted that the two were well aware of the JJB proceedings and executed their conspiracy to murder the victim "in a perfectly planned manner".
If the Centre needs any justification to amend the Juvenile Justice Act and change the age of juvenile offenders to 18 years from the current 16 years, the statistics by the National Crime Records Bureau about sex crimes should be able to provide it.
The Supreme Court of India on Friday said it was satisfied with the report of the Juvenile Justice Committee of the Jammu and Kashmir high court which said that no minors were detained in jails in the erstwhile state post the abrogation of the provisions of Article 370. The apex court, after perusing the committee's report, said that four high court judges visited all the jails in J&K and they have clearly stated that no minors have been illegally detained there.
The Hyderabad police is mulling filing a petition with the Juvenile Justice Board seeking to treat the five CCLs (child in conflict with law) as adults during the trial in the gang-rape case, to ensure that they get the maximum punishment.
Jammu and Kashmir Chief Minister Omar Abdullah on Thursday underscored the need to achieve parity between the state's Juvenile Justice Act and the National Act.
A bench headed by Chief Justice Altamas Kabir said that interference in Juvenile Justice Act is not necessary and dismissed a batch of PILs which were filed in the aftermath of the December 16 brutal gangrape and murder case in which a minor was also allegedly involved.
The school principal of the juvenile accused in the December 16 gang rape case on Tuesday submitted before a Juvenile Justice Board that as per the school records, he is 17 years and six months old.
Overruling the recommendations of a parliamentary panel, government on Wednesday went ahead with a proposal to try juveniles in the age group of 16 to 18 years accused of heinous crimes under laws for adults.
Maharashtra Chief Minister Eknath Shinde and Home Minister Devendra Fadnavis have directed stringent action in the case of a car accident involving a 17-year-old boy, in which two persons were killed, the Pune police chief said on Tuesday.
Often portrayed as the 'most brutal' face of that fateful night's violence, he is said to be oblivious of the latest developments in the case.
A bench comprising Justices Sanjay Karol and Ujjal Bhuyan, therefore, said the age of the deceased had to be determined from the date of birth mentioned in the school leaving certificate under Section 94 of the Juvenile Justice (Care and Protection of Children) Act, 2015.
The school principal of the juvenile accused in the December 16 gangrape-cum-murder case on Monday appeared before the Juvenile Justice Board in response to its summons to help determine his exact age.
A bench of Justices KM Joseph, Aniruddha Bose and Hrishikesh Roy said that the court is accepting the report of the Inquiring Judge, who had inquired into the claim of juvenility of convict Narayan Chetanram Chaudhary.
The Centre on Monday told the Supreme Court that the law did not allow the juvenile, convicted by juvenile board in the December 16 gang rape, to be tried twice for the same offence as sought by the parents of victims who demanded his retrial by a criminal court.
The Centre said that several mandatory aspects were missing from the post-release rehabilitation plan which needed to be considered before setting him free.
Unhappy with the three-year sentence to the juvenile convicted in the brutal December 16 gang rape, Lieutenant Governor Najeeb Jung said there was a need to review laws for juveniles, including the age limit in cases of heinous crimes.
The Supreme Court today commenced the final hearing on the pleas seeking fresh interpretation of the term 'juvenile' in the statute and leaving it to the criminal court, instead of the Juvenile Justice Board, to determine the juvenility of an offender in heinous crimes.
The teen, who the police claim was drunk and driving the luxury car when it hit a two-wheeler in the early hours of May 19 killing two techies, including a woman, is lodged at an observation home in Pune.
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