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Judgment
Conviction,Sentence
Under Section 376 (1) of IPC,"R.I. for five years and fine of Rs.1,000/-, in default
of payment of fine additional R.I. for three months
Under Section 366 of IPC,R.I. for three years
Under Section 363 of IPC,R.I. for two years
he entered his defence, all the documents i.e. mark sheets of Class- I, II and III were submitted before the trial Court and on the basis of that",
documents inquiry was made by the 1st Additional Sessions Judge, Surajpur and he submitted report regarding the age of the appellant. Therefore,",
considering the inquiry report submitted by 1st Additional Sessions Judge, Surajpur that on the date of incident, appellant was",
below the age of 18 years, there is no reason to disbelieve the inquiry report submitted by the 1st Additional Sessions Judge, Surajpur and that report is",
also not challenged by the State regarding the finding given by the 1st Additional Sessions Judge, Surajpur.",
Thus, considering the report submitted by the 1st Additional Sessions Judge, Surajpur, the law laid down by the Hon'ble Supreme Court in the",
matters of Hari Ram & Mohd. Feroz Khan @ Feroz (supra), Section 7A of the Juvenile Justice Act, 2000 and Rule 12 of Juvenile Justice Care and",
Protection of Children Rules, 2007 which gives retrospective effect to the Juvenile Justice Act, 2000 as also Juvenile Justice (Care and Protection of",
Children) Act, 2015, since the appellant was juvenile on the date of incident, the impugned judgment delivered by the trial Court is held to be without",
jurisdiction and is hereby set aside.,
In the result, the appeal is allowed in part. The impugned judgment of the trial Court is set aside. The matter is remitted back to the Juvenile Justice",
Board, Surajpur for deciding the same within six months from the date of receipt of copy of this order. The parties are directed to appear on 2nd",
March, 2020.",
Registry is directed to send the record to Juvenile Justice Board, Surajpur.",