You are on page 1of 2

Issue number 4.

Is conviction of the juvenile accused. By trial, court is


justified.
It is humbly submitted. That. Yes. Conviction of the. Alleged
juvenile accused. By the trial court is justified.
Dev. Has nowhere Has nowhere in his statement In the
statement. To the police. Under section 27 of Evidence Act.
Claimed. That. He is. You vinyl nor. He has. Claimed in front
of the magistrate. That he is juvenile. Under section 164. Of
Crpc. Nor he has. Deposed. Is juvenile T. Under section. 313
of Crpc. Where? He was asked. If he wants to say anything
in his defence. Section 313 of Crpc gives opportunity to
accused to explain his defence. Since. Since he has nowhere
claimed. That. He is juvenile. Court. Cannot go beyond the
pleading. Prime court in case of Bhaj Nahar versus Neelima
Mandal. And another. 2008 17 sccc 491
In the present case. It is further pertinent to mention. That
the accused. Appeal to the present court. That in the appeal
to the present court appellant. Have not pleaded. The
juvenility of dev. Ve merely appealed. That conviction is
illegal because nobody has seen them committing the crime
and is on the basis of circumstantial evidence and discovery
under section 27 of. Indus Evidence Act.
So trial court is justified. By not going. Beyond the bleeding.
And. Convicted the accused. Moreover. Section 83 of IPC.
General defense given to those who are below 12 years and
not above. Also. Provision of Juvenile Justice Act, 2015
under Section 21. Accused can be given. Life sentence. 2
juvenile. Conviction of juvenile accused by the trial code is
justified. Where 4 in light of. The fact of cases, issues raised,
argument advanced. And authorities cited this. Honourable
court may please do find that. Conviction can be based on
circumstantial evidence available. In this case, conviction
can be based even in the case of retracted confession.
Confession conviction can be based. On the basis of recovery
made under section 27 of Evidence Act. Discovered weapon
is also used in the Commission of the offence. In the absence
of dead body. And forensic. Evidence. full stop

You might also like