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Adv. Subhadeep Saha (Lawyer.)     27 February 2011


In my case 5 persons of a family were chargsheeted u/Sec.498-A / 34 IPC. 1 among the accused persons took the plea of juvenility & is now tried by JJ Board. Remaining 4 accused persons were tried by C.J.M. court & got acquitted last week after trial. Now whether the proceeding against the juvenile accused will be continued by the JJ Board irrespective of acquittal of other accused by CJM court? Can I use the judgment of CJM court & end the proceeding against the juvenile offender before the JJ Board? Whether there is any other way by which the juvenile can get rid of this proceeding before the JJ Board? 


 3 Replies

Out of Court (Consultant)     27 February 2011

Though you can rely upon the observation of  the Apex Court on  "Face Value" considered in the cases inasmuch to the aforesaid   interalia ovservations contributing to acquital by the CJM, but JJ may complete the initiated proceeding against the Juv. accused, as the JJ may deem fit .....

Arvind Singh Chauhan (advocate)     27 February 2011

Sir though it is general rule- follwoing judgment may helpfull


Benefit of, to other accused- When can be extended- Benefit of acquittal of co-accused similarly placed on the same set of evidence and on same accusations- Can be given-UTT- NCC-2008-738,  NCC-2010(1)-UTT-87.


Where on same set of evidence co accused has been acquitted the accused is also entitled to be acquitted- NCC-2008-UTT-211-, UTT-NCC-2009-689.


On the same set of evidence- co accused was acquitted by trial court, but appellant was convictedHeld in view of DEEPA RAJAH- AIR-2007-SCW -5740 –SC – conviction not justified- Uttranchal Decisions-Jan-2008- UTT-112, UTT- NCC-2009-425


Benefit to other accused- Extending of- Factors for- Case of other accused being similarly placed to that of acquitted accused on same set of facts as also on similar accusation and on same set of evidence- Benefit thereof can be extended to other accused in the same case- UTT-NCC-2008-849,

Sir in all above judgments SC's case laws has been refferred.

An established principle of law- Acquittal of five co accused out of six accused person- Conviction of only one of them whose case not very different from that of 5 acquitted accused on evidence that all six accused had fired from their guns- Not sustainable- SC-NCC-2008-818.


1 Like

Adv. Subhadeep Saha (Lawyer.)     27 February 2011

Thanks for this help Mr. Arvind. I will read these judgments & see whether they r applicable in my case. 

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