Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARPREET SINGH BRAR
Fateh Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Harpreet Singh Brar, J.
1. This revision has been preferred by the petitioner against the judgment dated 17.11.2016 passed by learned Additional Sessions Judge, Faridkot upholding the judgment of conviction and order on quantum of sentence dated 19.07.2016 passed by learned Principal Magistrate Juvenile Justice Board, Faridkot vide which petitioner has been convicted under Sections 377 of Indian Penal Code and Section 5 of Protection of Children from Sexual Offences Act, 2012 and was directed to be sent to Special Home/fit institution for a period of 02 years.
2. As per prosecution on 12.04.2014, Sheela Rani wife of Tulsi Ram (complainant-mother), was present in house alongwith two minor children. At about 3.00 PM, her son aged about 05 years (victim) went in street for playing. When he did not return, complainant alongwith her sister-in-law Paramjit Kaur (Jethani) went outside in order to search him. When both reached near house of Ram Singh, heard shriek of his son, saw that son of Ram Singh (petitioner herein) has put off his pant and nicker, was committing sodomy with minor son (victim). She picked up her son and telephonically informed her husband. Victim was taken to
Juvenile offenders must be remanded to special homes as per statutory provisions; sentences may be adjusted to time served if they reach adulthood during the proceedings.
The court upheld the conviction for narcotics possession based on procedural adherence, emphasizing juvenile sentencing principles adjusted for time elapsed.
(1) Law provides full coverage to a person who is established to be a child on the date of offence, to avail benefits admissible to a child under 2015 Act even if case has been finally decided and al....
While confirming conviction of the appellant under Section 302 read with Section 34 I.P.C., since appellant was a Juvenile in conflict with law within the meaning of JJ Act, 2000 on date when the off....
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....
The court established that in cases of juvenility, the benefit of the doubt should favor the accused, and direct evidence from the victim is paramount in determining the facts.
The court established that a juvenile's plea can affect sentencing but not the validity of a conviction if not raised during the trial.
The main legal point established in the judgment is the importance of proportionality in sentencing and the duty of the court to consider extenuating circumstances before reducing the sentence below ....
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
