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Supreme Court of India 2019-02-15 allowed

GAURAV KUMAR @ MONU vs THE STATE OF HARYANA

Bench: 2 — Ashok Bhushan, K.M. Joseph

In Brief

The appellant was convicted of murder under IPC Section 302 based on a 2000 incident in Haryana. At the appellate stage, he claimed to be a juvenile at the time of the offence. The High Court dismissed his application seeking to submit additional evidence (school certificates showing a different birth date) without substantive review. The Supreme Court held that the juvenile justice rules in force in 2000 (the 2001 Rules), not the subsequently enacted 2007 Rules, should govern age determination. The 2001 Rules did not prescribe a strict hierarchy preferring school certificates. The Court set aside the High Court's dismissal and remitted the question to the High Court for fresh consideration based on applicable law and all materials on record.

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Criminal Law Juvenile Justice Age Determination Criminal Procedure Retrospective Application of Rules

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