SHILPA MITTAL Vs. STATE OF NCT OF DELHI
LAWS(SC)-2020-1-21
SUPREME COURT OF INDIA
Decided on January 09,2020

Shilpa Mittal Appellant
VERSUS
STATE OF NCT OF DELHI Respondents


Referred Judgements :-

GREY VS. PEARSON [REFERRED TO]
PRIVY COUNCIL IN SALMON VS. DUNCOMBE [REFERRED TO]
MCMONAGLE VS. WESTMINSTER CITY COUNCIL [REFERRED TO]
SHEELA BARSE II VS. UNION OF INDIA [REFERRED TO]
SALIL BALI VS. UNION OF INDIA [REFERRED TO]
SUBRAMANIAN SWAMY VS. RAJU THR. MEMBER JUVENILE JUSTICE BOARD [REFERRED TO]
SAURABH JALINDER NANGRE VS. STATE OF MAHARASHTRA [REFERRED TO]



Cited Judgements :-

N.RAMESH KUMAR VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2020-5-16] [REFERRED TO]
X VS. STATE [LAWS(RAJ)-2021-7-40] [REFERRED TO]
X VS. STATE [LAWS(RAJ)-2021-7-45] [REFERRED TO]
X SPOUSE OF BHONA VS. STATE [LAWS(RAJ)-2021-7-46] [REFERRED TO]
X VS. STATE [LAWS(RAJ)-2021-7-47] [REFERRED TO]
X VS. STATE OF RAJASTHAN [LAWS(RAJ)-2021-7-52] [REFERRED TO]
MASTER X VS. STATE [LAWS(RAJ)-2021-6-84] [REFERRED TO]
YOGESH VS. STATE OF U.P. [LAWS(ALL)-2021-9-50] [REFERRED TO]
SONU VS. STATE OF U.P. [LAWS(ALL)-2021-7-233] [REFERRED TO]
SUHANA KHATUN VS. STATE OF WEST BENGAL [LAWS(CAL)-2022-1-53] [REFERRED TO]
AMODA IRON STEEL LIMITED VS. SNEHA ANLYTICS AND SCIENTIFICS [LAWS(APH)-2022-1-53] [REFERRED TO]
VIDHI KA ULAGHAN KARNE WALA BALAK VS. STATE OF M.P. [LAWS(MPH)-2022-3-10] [REFERRED TO]
STATE OF MAHARASHTRA VS. SHADAB TABARAK KHAN [LAWS(BOM)-2022-3-266] [REFERRED TO]


JUDGEMENT

DEEPAK GUPTA,J. - (1.)Leave granted.
(2.)"Whether an offence prescribing a maximum sentence of more than 7 years imprisonment but not providing any minimum sentence, or providing a minimum sentence of less than 7 years, can be considered to be a 'heinous offence' within the meaning of Section 2(33) of The Juvenile Justice (Care and Protection of Children) Act, 2015?" is the extremely important and interesting issue which arises in this case.
(3.)The factual background is that a juvenile 'X' is alleged to have committed an offence punishable under Section 304 of the Indian Penal Code,1860 (IPC for short) which offence is punishable with a maximum punishment of imprisonment for life or up to 10 years and fine in the first part and imprisonment up to 10 years or fine, or both in the second part. No minimum sentence is prescribed.
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