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2012 DIGILAW 781 (PAT)

Sambhu Jha v. State of Bihar

2012-05-14

MANDHATA SINGH

body2012
ORDER Conviction of accused appellant now juvenile is affirmed by this Court vide judgment and order dated 5.8.2011. 2. On the point of sentence, the question of juvenility of accused appellant was raised, considered and accused appellant was referred to Juvenile Justice Board, Darbhanga for determining his age, after enquiry which has been conducted in the case. Report of Juvenile Justice Board dated 11.11.2011 at Flag-B is about being the accused appellant below 18 years of age on the day of occurrence, certainly a juvenile. Section 20 of Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter to be referred to ‘Juvenile Justice Act’) is applicable in the case but that would have been of any relevance if the custody of accused appellant was lesser to three years. Section 20 of Juvenile Justice Act provides forwarding of a juvenile to Board for passing adequate order after conviction. 3. Section 15(i)(g) of the Juvenile Justice Act provides for maximum period of three years for which a juvenile in conflict with law can be sent to Special Home, in this case in jail custody. 4. Similar provision is there under section 64 of the Juvenile Justice Act which is specific on the point of remaining of juvenile under jail custody to serve any sentence but in any case accused appellant’s custody may not be enhanced to be continued for a period of more than three years. 5. It is made clear that accused appellant has remained in custody for a period of more than seven and half years. Something more is there to favour the accused appellant as provided under section 19 of the Juvenile Justice Act as not to suffer disqualification attaching to a conviction of an offence under any law. So it is observed that accused appellant will not suffer such disqualification. 6. On the point of sentence appellant remained in custody for a period of more than which could be awarded against him, as such, he is ordered to be released at once from jail custody in connection with Ashok Paper Mill P.S. Case No. 55/96 (S.T.no. 529/96) if not wanted in any other case. 7. Let a copy of this order along with copy of judgment dated 5.8.2011 passed in this appeal be communicated to the trial court immediately through FAX and lower court records be sent back to the trial court forthwith.