HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
ANOOP KUMAR DHAND
Vinod Kumar Bairwa S/o Shri Arjun Lal Bairwa – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. The instant petition has been preferred for quashing and setting aside the impugned order dated 06.05.2019, passed by the Principal Magistrate, Juvenile Justice Board, Sawaimadhopur (hereinafter referred to as “the JJB”) by which the application submitted by the petitioner for review of the judgment dated 13.10.2014 passed by the JJB has been rejected.
2. The petitioner was found guilty for the offences punishable under Sections 341, 323, 325, 336 read with Section 34 IPC. However, instead of convicting the petitioner, he was released on probation for a period of one year, with the condition that he would maintain peace and tranquility and would not repeat the same offence again and accordingly the benefit of probation under Section 15(e) of the Juvenile Justice Act, 2000 (for short “Act of 2000”) was extended to him.
3. Learned counsel for the petitioner submits that the petitioner was working in Saudi Arabia. The Government of Saudi Arabia on the basis of the aforesaid judgment dated 13.10.2014 passed by the JJB, wherein the petitioner was found guilty and was convicted for the above stated offences, removed him from service and denied to re-employ him.
4. Counsel further
Juveniles cannot be disqualified from public employment due to past convictions, as per legislative intent to protect their future prospects.
The main legal point established is that a juvenile's conviction should not be a disqualification for future employment, as per Section 24 of the Juvenile Justice Act, 2015.
Juveniles in conflict with law cannot face disqualification in future employment opportunities due to prior convictions as per Section 24 of the JJ Act, 2015.
The main legal point established in the judgment is the determination of the applicability of the Juvenile Justice Acts of 2000 and 2015 to pending proceedings, based on the definitions of 'juvenile'....
The court affirmed that juvenile convictions should not hinder future opportunities, as mandated by Section 24 of the JJ Act, 2015.
Criminal Law – Murder – On the basis of the inquiry conducted as per our orders, it is found that appellant was a juvenile as on the date of commission of offence. In such circumstances, as the findi....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.