Manav (Owner) 27 October 2009

Urgent Help Juvenile plead guilty

Dear all, I want your help to solve my some queries. The crime is of year 2005 and charge sheeted in 2008. Registered u/s 379, 420 of IPC and sec.66 of Info Tech Act, for misusing credit card. The accused was juvenile at the time of the offence. The juvenile has now plead guilty on the charge day in front of Juvenile Justice Board (since their is a provision of removal of disqualification in the Juvenile Justice Act). Now the board may give him a sentence to do a community service by attending the remand home every saturday and sunday for 2 years. The accused is now well educated and has no criminal acts after the incidence and also has a very good family back ground. The board instade of teaching lesson to the juvenile, is harrasing him by passing such order. Please suggest me a remedy followed by a case law to put in front of the board so that the board may leave him under probation or with minimum period of community service. Thank you very much in advance.

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6 Replies

Adv.Anup Kumar (Assistant Legal Advisor) 28 October 2009

Make a appeal under section 379 Cr.pc in HighCourt.Argu before Hon.judge and produce all valid ressio.

Sanjeev Kuchhal (Publishers) 28 October 2009

Has the Board obtained the social investigation report and if yes then what does the report suggests.

Section 15(2) of Juvenile Justice Act provides that "The Board shall obtain the social investigation report on juvenile either through a probation officer or a recognised voluntary organisation or otherwise, and shall take into consideration the findings of such report before passing an order."

Manav (Owner) 28 October 2009

Respected sirs, Thank you for your replies. I want to point out that the board yet has not asked for any report u/s 15(2) of JJP Act. Recently i found a first judgement under cyber crime, pronounced by the Delhi High Court in 2003 CBI Vs. Arif Azim (facts and circumstances are same as in above case) in which the accused was a 24 year guy who had plead guilty before the court and the court released him on a one year probation period. Can we quote such judgement before the board? If yes can any body please provide me a soft copy of the judgement at the earliest? Do you think quoting of the judgement will throw an effect on the order of the board? Regards, Manav Kumar

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 28 October 2009

I agree with Sanjeev.

vivek dhavalikar (advocate high court.) 04 November 2009

the question is only the quantum of punishment and that too after confession of crime.only criminal revision lies.

bhupender sharma (head) 11 November 2009

Mr. Manav u can file an appeal under section 52 of the Juvenile Justice care and Protection of Children Act,2000 thereafter u may file an revision petition under section fro further challenge the order under Rivision under section 53 of the said Act. The question of non compliance of section 15(2) of the Act be made a additional ground in the said petition.

The view expressed by my Ld. A.L.A is not correct as the appeal under section 379 is to be filed to the Supreme Court only when there the High Court has reversed the judgement of the trial court. I hope u under stand Mr. Anup