The main legal point established in the judgment is the application of the Juvenile Justice Act, particularly the restrictions on sentencing and detention of juveniles, and the special provisions for pending cases and determination of juvenility.

Ranjana Pandya, J. –

This appeal has been preferred against the Judgment and order dated 2.2.2012 passed by the First Additional Sessions Judge (Ex-cadre), Kushinagar by which the accused has been convicted under Section 376 , 363, 366 and 368 I.P.C. and was sentenced to undergo 20 years rigorous imprisonment along with fine of Rs. 50,000/- under Section 376 I.P.C. and five years imprisonment along with fine of Rs. 10,000/- under Sections 363, 366 and 368 each with default stipulation.

2. As per order in Criminal Revision No. 3412 of 2015, the appellant is held to be juvenile on the date of Judgment.

3. How the accused has to be dealt with, is now a matter of consideration before this court.

4. The order that may be passed regarding juvenile has been specified in Section 15 of the Juvenile Justice (Care and Protection of Children) Act, 2000 which reads as under: -

"15. Order that may be passed regarding juvenile- (1) Where a Board is satisfied on inquiry that a juvenile has committed an offence, then, notwithstanding anything to the contrary contained in any other law for the time being in force, the Board may, if it so thinks fit,-

(a) allow the juvenile to go home after advice or admonition following appropriate inquiry against and counselling to the parent or the guardian and the juvenile;

(b) direct the juvenile to participate in group counselling and similar activities;

(c) order the juvenile to perform community service;

(d) order the parent of the juvenile or the juvenile himself to pay a fine, if he is over fourteen years of age and earns money;

(e) direct the juvenile to be released on probation of good conduct and placed under the care of any parent, guardian or other fit person, on such parent, guardian or other fit person executing a bond, with or without surety, as the Board may require, for the good behaviour and well-being of the juvenile for any period not exceeding three years;

(f) direct the juvenile to be released on probation of good conduct and placed under the care of any fit institution for the good behaviour and well-being of the juvenile for any period not exceeding three years;

1[(g) make an order directing the juvenile to be sent to a special home for a period of three years:

Provided that the Board may, if it is satisfied that having regard to the nature of the offence and the circumstances of the case, it is expedient so to do, for reasons to be recorded, reduce the period of stay to such period as it thinks fit.]

(2) The Board shall obtain the social investigation report on juvenile either through a probation officer or a recognised voluntary organisation or otherwise, and shall take into consideration the findings of such report before passing an order.

(3) Where an order under clause (d), clause (e) or clause (f) of sub-section (1) is made, the Board may, if it is of opinion that in the interests of the juvenile and of the public, it is expedient so to do, in addition make an order that the juvenile in conflict with law shall remain under the supervision of a probation officer named in the order during such period, not exceeding three years as may be specified therein, and may in such supervision order impose such conditions as it deems necessary for the due supervision of the juvenile in conflict with law: Provided that if at any time afterwards it appears to the Board on receiving a report from the probation officer or otherwise, that the juvenile in conflict with law has not been of good behaviour during the period of supervision or that the fit institution under whose care the juvenile was placed is no longer able or willing to ensure the good behaviour and well-being of the juvenile it may, after making such inquiry as it deems fit, order the juvenile in conflict with law to be sent to a special home.

(4) The Board shall while making a supervision order under sub-section (3), explain to the juvenile and the parent, guardian or other fit person or fit institution, as the case may be, under whose ca