Penal Code, 1860, Sections 302 and 201 read with Section 34 – Juvenile Justice Act,1986, Section 21, 22(1) – Juvenile Justice(Care and Protection of Children) Act, 2000, Section 2(h),16 – Juvenile – Plea of – Finding dated 30thOctober, 2023 by Additional Sessions Judge records that the date of birth of the appellant is 1st September, 1982 and, therefore, on 15th June, 2000,which is the date of the occurrence of the offence, the age of the appellant was 17 years, 09 months and 14 days – Apart from other documents, reliance has been placed on the entries in the school leaving register of the school last attended by the appellant and her date of birth shown therein is 1st September,1982 – Even the primary certificate examination result-sheet of1995 shows the same date of birth -On the date on which the incident constituting the offence took place, the age of the appellant was less than 18 years and the appellant was a juvenile – Appellant ought to have been dealt with in accordance with Section 21 of the 1986 JJ Act – The maximum action which could have been taken against the appellant was of sending her to a special home – In the case of a girl of sixteen years of age, she could have been sent to a special home for a period of not less than three years – Impugned judgment and order passed by the High Court and the impugned judgment and order passed by the Additional Sessions Judge, liable to be quashed and set aside only insofar as the appellant (accused no.2) is concerned – As the appellant has undergone incarceration for a period of more than eight years, no purpose will be served by sending the appellant before the Juvenile Justice Board -The bail bonds of the appellant stand cancelled. (Para 2 to 7)
SUPREME COURT OF INDIA
2024 STPL(Web) 57 SC
[2024 INSC 50]
Pramila Vs. State Of Chhattisgarh
Criminal Appeal No(s). 64 of 2012-Decided on 17-1-2024
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