Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Rakesh Kainthla, J
A – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
(Rakesh Kainthla, J.)
The present appeal is directed against the judgment dated 25.5.2019, passed by learned Sessions Judge, Special Court (POCSO Act), Kinnaur, H.P., vide which the appellant (child in conflict with law ‘CCL’ before learned Trial Court) was convicted of the commission of offences punishable under Sections 376 and 342 of the Indian Penal Code ( IPC ) and Section 4 of Protection of Children from Sexual Offences Act (POCSO Act) and was sentenced as under:-
| Under Section 376 of IPC/Section 4 of POCSO Act. | To suffer rigorous imprisonment for a period of seven years, pay a fine of Rs.10,000/- and in default of payment of fine, to undergo simple imprisonment for one year. |
| Under Section 342 of IPC | To suffer simple imprisonment for one year, pay a fine of Rs.1,000/- and in default of payment of fine, to undergo further simple imprisonment for three months. |
(Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).
2. Briefly stated, the facts giving rise to the present appeal are that the police presented a challan against the CCL for the commission of offences punishable under Sections 376 , 342 and
Mandatory inquiries under the Juvenile Justice Act must be conducted to assess a child's capacity to commit an offence; failure to do so renders the trial invalid.
Procedure provided under Sections 15 and 19 of Juvenile Justice (Care and Protection of Children) Act, 2015 has been held to be mandatory.
The lack of compliance with mandatory procedural safeguards in juvenile trials invalidates the conviction, necessitating adherence to due process under the Juvenile Justice Act.
The proceedings against a Child in Conflict with Law must comply strictly with statutory inquiry requirements for fair trial rights, or they may be quashed due to procedural violations.
Proper independent assessments under the Juvenile Justice Act are mandatory before a child can be tried as an adult for heinous crimes to ensure a just trial.
Determination of juvenility – Preliminary assessment required under Section 15 of J.J. Act is significant, and cannot be considered a mere formality due to consequences attached to it – It is a delic....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
