Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Juvenile Justice |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Juvenile Justice (Care and Protection of Children) Act,2000:ss. 2(k), 7A and 20 - Prosecution of accused u/ss. 147,302, 3048 and 498A /PC - During trial, accused raised pleaof juvenilITY under Juvenile Justice Act, 1986 - Plea rejected,finding him to be above 16 years of age - After trial, convictedu/s. 3048 and 498A and sentenced to 7 years and 2 yearsimprisonment respectively with fine of Rs. 1001- - Convictionand sentence confirmed in High Court - In appeal to thisCourt, accused took plea of juvenility under Juvenile JusticeAct, 2000 - On direction of Supreme Court trial court's reportas to age of the accused stating him to be of 13 years 8months on the date of incident as per his school certificateand as per medical examination and other records his agewas 17 years - Held: Per Madan Lokur, J: The accused was17 years of age on the date of occurrence, and hence ajuvenile under 2000 Act - His conviction is confirmed - Thepunishment which can be awarded to the accused is to requirehim to pay fine under clause (e) of s.21(1) of Juvenile JusticeAct, 1986 - The fine of Rs. 1001- imposed by trial court isinadequate, in view of the gravity of the offences - Therefore,matter remanded to Juvenile Justice Board for determiningappropriate quantum of fine - Per Thakur, J.(Supplementing) - Since the accused was above 16 yearsof age, on the date of occurrence, being not a juvenile under1986 Act, there was no error of jurisdiction in trying the accused - Being a juvenile under 2000 Act, in view of ss. 7 Aand 20, the court is not obliged to set aside the conviction,but only his sentence awarded by the regular court can be setaside and making reference to the Juvenile Justice Board -Juvenile Justice Act, 1986 - s. 21(1)(e) - Penal Code, 1860- ss. 304B and 498A. |
Judge | Hon'ble Mr. Justice Madan Bhimarao Lokur Honble Mr. Justice T.S. Thakur |
Neutral Citation | 2013 INSC 458 |
Petitioner | Jitendra Singh @ Babboo Singh & Anr. |
Respondent | State Of U.p. |
SCR | [2013] 13 S.C.R. 764 |
Judgement Date | 2013-07-10 |
Case Number | 763 |
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