Supreme Court of India

Abuzar Hossain v State of West Bengal

(2012) 10 SCC 48920121 min read
The case in brief30-second read
Facts
The plea of juvenility was raised for the first time before the Supreme Court in several appeals, and earlier benches had differed on how such a late claim should be dealt with.
Issue
Whether a claim of juvenility can be raised at any stage, and what material is needed to have it examined.
Held
The claim of juvenility can be raised at any stage, even after final disposal of the case, and cannot be rejected only on the ground of delay. Where the documents relied on are prima facie credible, the court must have the claim inquired into.
Principle
A claim of juvenility can be raised at any stage of proceedings.
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Facts

  • The plea of juvenility was raised for the first time before the Supreme Court in several appeals, and earlier benches had differed on how such a late claim should be dealt with.

Issue

  1. Whether a claim of juvenility can be raised at any stage, and what material is needed to have it examined.

Held

  • The claim of juvenility can be raised at any stage, even after final disposal of the case, and cannot be rejected only on the ground of delay. Where the documents relied on are prima facie credible, the court must have the claim inquired into.

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Citation

Abuzar Hossain v State of West Bengal (2012) 10 SCC 489

Reported: https://indiankanoon.org/doc/66479798/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.