IMPORTANT POINT
A juvenile must be tried by a Juvenile Justice Board, and any conviction by a regular court is invalid if the accused is found to be a juvenile.

JUDGMENT :

Sureshwar Thakur, J.

The present applicant-Harjeet @ Sonu faced trial along with the other co-accused before the learned Additional Sessions Judge, Chandigarh. The said trial became entered into in respect of charges framed for commission of offence embodied under Sections 148, 341, 323, 324, 506 and 302 read with Section 149 of IPC.

2. The learned Additional Sessions Judge, Chandigarh, through a decision made on 24.02.2020 after recording a finding of conviction against the present applicant, and, also against the other co-accused qua the above formulated charges, thus proceeded through an order of sentence made on 29.02.2020, impose upon each of the convict, the hereinafter extracted sentence(s) of rigorous imprisonment and also of fine upon each of the accused.

Offence Sentence imposed

Section 148 read with Section 149 IPC One year Rigorous Imprisonment and fine of Rs.1,000/- each. In default of payment of fine, convicts shall further undergo rigorous imprisonment for two months each.

Section 341 read with Section 149 IPC One month simple imprisonment.

Section 323 read with Section 149 IPC Six months Rigorous Imprisonment and fine of Rs.500/- each. In default of payment of fine, convicts shall further undergo rigorous imprisonment for one month each.

Section 324 read with Section 149 IPC One year Rigorous Imprisonment and fine of Rs.1,000/- each. In default of payment of fine, convicts shall further undergo rigorous imprisonment for two months each.

Section 506 read with Section 149 IPC One year Rigorous Imprisonment and fine of Rs.1,000/- each. In default of payment of fine, convicts shall further undergo rigorous imprisonment for two months each.

Section 302 read with Section 149 IPC Imprisonment for life and fine of Rs.25,000/- each. In default of payment of fine, convicts shall further undergo rigorous imprisonment for one year each.

3. The present applicant has challenged the verdict of conviction (supra), as became rendered by the learned trial Judge concerned, besides has challenged the consequent thereto sentence (supra), as became imposed upon him.

4. Be that as it may, during the pendency of the instant appeal before this Court, the applicant has instituted the instant miscellaneous application under Section 482 of the Cr.P.C., wherebys the applicant has prayed for declaring him to be a juvenile, especially at the time of the commission of the offence (supra). Moreover, the applicant has prayed that after the declaration (supra), being made thus subsequently the impugned verdict of conviction, and, subsequent thereto sentence (supra), as became delivered by the learned trial Judge concerned, be quashed, and, set aside, and, the trial be remanded to the Juvenile Justice Board, Chandigarh thus for the said Board making a re-trial upon the child, in FIR bearing No.198 of 15.08.2017, registered under Sections 323, 341, 147, 149 of the IPC, at Police Station Manimajra, Chandigarh.

5. This Court through a decision made on 17.05.2023, upon, the instant miscellaneous application, had passed an order, relevant paragraphs whereof i.e. 3 to 8 become extracted hereinafter.

“3. However, during the pendency of the aforesaid appeal, before this Court, one of the co-convicts, namely, Harjeet @ Sonu, made an application bearing No.CRM-47940-2022, wherein, he claimed that since he was a juvenile in conflict with law, at the time of the crime event taking place, on 14.08.2017, therefore he be declared as a juvenile. Moreover, the resultant thereto prayer was also made, that since the trial became entered into against him, rather by the adult court, in terms of the provisions of Cr.P.C., whereas he was to be tried as a juvenile by the Principal Magistrate of the Juvenile Justice Board concerned. Therefore, through the above application, he also claimed that after his being declared as a juvenile, that subsequently, but on the above ground, the impugned verdict of conviction, and, consequent therewith sentence, as became im