CRM-M No. 29786 of 2014. Case: Gulzar Singh Vs State of Punjab and Ors.. High Court of Punjab (India)
| Case Number | CRM-M No. 29786 of 2014 |
| Counsel | For Appellant: J.S. Mehndiratta, Advocate and For Respondents: Rimplejeet Kaur, A.A.G. |
| Judges | Raj Mohan Singh, J. |
| Issue | Code of Criminal Procedure, 1973 (CrPC) - Sections 174, 201; Indian Penal Code 1860, (IPC) - Sections 210, 302, 304A, 324, 34, 506; Juvenile Justice (Care and Protection of Children) Act, 2000 [Repealed] - Sections 15, 15(c), 15(g) |
| Judgement Date | Friday January 27, 2017 |
| Court | High Court of Punjab (India) |
Judgment:
Raj Mohan Singh, J.
Petitioner has filed this petition for setting aside order dated 01.08.2013 passed by Principal Magistrate, juveniles Justice Board, Patiala and order dated 10.06.2014 passed by Additional Sessions Judge, Patiala whereby order to put respondents No. 2 and 3 on community service in Rajindra Hospital, Patiala from 12.08.2013 to 12.09.2013 under supervision of Chief Medical Officer was upheld.
The son of the petitioner Happy @ Kamaljit Singh was murdered by respondents No. 2 and 3 on 09.03.2004. FIR was registered against respondents No. 2 and 3. Respondents No. 2 and 3 were tried by the juveniles Justice Board, Patiala, where they confessed their guilt and were accordingly convicted by the Principal Magistrate, juveniles Justice Board, Patiala vide judgment dated 01.08.2013. An order of sentence was passed by the Principal Magistrate, juveniles Justice Board directing the respondents No. 2 and 3 to perform community service at Rajindra Hospital, Patiala under the supervision of Chief Medical Officer from 12.08.2013 to 12.09.2013.
The said order was assailed by the petitioner in appeal before Additional Sessions Judge, Patiala who dismiss the same vide judgment dated 10.06.2014.
Learned counsel for the petitioner contended that respondents No. 2 and 3 confessed their guilt after attaining majority and therefore, order of performing community service for the period in question was not adequate in terms of Section 15 of The juveniles Justice (Care and Protection of Children) Act, 2000. The case should have been considered by the Principal Magistrate, juveniles Justice Board under Section 15(g) and they were required to be sent to a special house for a period of three years.
I have considered the submissions made by learned counsel at the bar.
Section 15 of the juveniles Justice (Care and Protection of Children) Act, 2000 is reproduced as under:-
15. Order that may be passed regarding juveniles.-(1) Where a Board is satisfied on inquiry that a juvenile has committed an offence, then, notwithstanding anything to the contrary contained in any other law for the time being in force, the Board may, if it so thinks fit,-
(a) allow the juvenile to go home after advice or admonition following appropriate inquiry against and counselling to the parent or the guardian and the juvenile;
(b) direct the juvenile to participate in group counselling and similar activities;
(c) order the juvenile to perform...
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