Supreme Court of India
Pawan Kumar v. State of Uttar Pradesh & Ors.
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What the Court ordered
We are of the considered view that in the present case, even assuming for the sake of argument that there were some confl icting aspects as to the age of the appellant but since the margin of age was so thin, the aforesaid benefi t ought to have been given to the appellant.
Judgment, page 15
From the headnote
Issue for consideration: The question which arise for determination is whether the appellant was a juvenile at the time of commission of off ence. Juvenile Justice (Care and Protection of Children) Rules, 2007 – r. 12(3)(b) – Benefi t of juvenility – Procedure t o be followed in determination of age – When exact assessment of the age cannot be done: Held: Age of a juvenile has to be determined on the basis o f the date of the alleged commission of the crime – In a c ase of juvenility where two views are possible, a liberal approach should be undertaken – Furthermore, as per sub-rule (3)(b) of
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