ASHA RATHORE Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) Present writ of habeas corpus had been filed seeking a direction to the respondents to produce the petitioner-minor daughter, Ms. Jyoti.

(2.) On the last date of hearing, this Court had held that Ms. Jyoti's date of birth is 30th July, 2000 and she is a major.

(3.) Today, learned counsel for the petitioner has sought to reargue that the petitioner is a minor. He submits that the principle enshrined in the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as 'Act, 2015') should not be applied to the present case as the said Act, 2015, is a beneficial Act which protects the juveniles when they are arrayed as an accused. He submits that in the present case the juvenile is a victim and the certificate which shows a lower age should be preferred.