Amit Singh alias Chintu and Another vs State of U.P.

B.P. Singh and R.V. Raveendran, JJ.—We have heard learned Counsel for the parties.

Special leave granted.

The three Appellants in these two appeals were tried by the Special Judge, S.C./S.T. (Prevention of Atrocities) Act, Kannauj, charged of various offences including offences under Sections 302, 452, 323 read with Section 34, I.P.C. as also u/s 3(ii)(v) of the Schedule Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "the Act"). They were found guilty by the trial court by its judgment and order dated 16.8.2003. The Appellant Amit Batham was convicted u/s 302, I.P.C. and was sentenced to death. The remaining two Appellants were sentenced to undergo life imprisonment u/s 302/34, I.P.C. They were also sentenced to other terms of imprisonment, but it is not necessary for us to mention those details.

Two appeals were preferred before the High Court of Judicature at Allahabad being Criminal Appeal Nos. 3967 and 4262 of 2003. The High Court by a common judgment and order dated 11.2.2004 upheld their convictions for offences under I.P.C. but on the question of sentence it did not confirm the sentence of death passed against Amit Batham and instead sentenced him to undergo imprisonment for life. The conviction of all the Appellants under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act was set aside.

It has been argued before us that the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short "the Act") came into force from 1.4.2001. The occurrence giving rise to these appeals took place on 12.11.2001, i.e., after the Act had come into force. It was submitted that the date of birth of Amit Singh alias Chintu is 6.7.1984, while the date of birth of Manoj Joshi is 25.11.1986. The date of birth of Amit Batham is 12.7.1986. It has not been disputed before us on the basis of material placed before us that all the Appellants were below the age of 18 years even on the date of occurrence. It was, therefore, submitted that having regard to the fact that they were juveniles governed by the Act, they should not have been tried by the Sessions Judge or the Special Judge and should have been dealt with in accordance with the provisions of the Act. Section 20 of the Act deals with pending appeals on the date of the Act coming into force and mandates that the trial or appeal may be continued as if the Act had not been passed, and in case the juvenile is found to have committed an offence, the Court shall, after recording its finding, forward the juvenile to the Board, instead of passing a sentence. The Board is, thereafter, obliged to pass orders in respect of such a juvenile in accordance with the provisions of the Act as if it had been satisfied on inquiry under the Act that the juvenile had committed the offence. In the facts and circumstances of the case, we consider it in the interest of justice to direct that the same procedure be followed in the case of the Appellants, as prescribed for pending trials and appeals u/s 20 of the Act.

We enquired of the State as to whether the Juvenile Justice Board has been established in the State of Uttar Pradesh. An affidavit in that regard has been filed by the State on 16.11.2005. A notification of 10.11.2004 has been produced to show that Juvenile Justice Boards have been established throughout the State of Uttar Pradesh. Para 9 of the affidavit states that 17 Juvenile Justice Boards which have been constituted are functioning in the State of Uttar Pradesh.

In the instant case, the occurrence took place in district Kannauj which falls under the jurisdiction of the Juvenile Justice Board, Farrukhabad. We, therefore, remit the appeals to the aforesaid Board with a direction that the Board shall pass appropriate orders under the Juvenile Justice (Care and Protection of Children) Act, 2000, as if it has been satisfied on inquiry under the Act that the Appellants had committed the offences.

The sentences passed against the Appellants are set aside, subject to such orders as may be passed by the Juvenile Justice Board, Farrukhabad. These appeals be treated as disposed of.

Let a copy of this order be sent to the Juvenile Justice Board, Farrukhabad, for appropriate action.