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Anuj Pandey vs State Of Punjab on 18 April, 2018

CRR-974-2016 (OM) -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

CRR-974-2016 (OM)
Date of decision: – 18.04.2018

Anuj Pandey
…..Petitioner

Versus

State of Punjab
…..Respondent

CORAM : HON’BLE MR.JUSTICE MAHABIR SINGH SINDHU

Present: Mr. D.S. Virk, Advocate,
for the petitioner.

Mr. Amitoj Singh Dhaliwal, DAG, Punjab

****

MAHABIR SINGH SINDHU, J. (ORAL)

Present petition has been filed against the judgment dated

05.06.2015 passed by the Additional Sessions Judge, SAS Nagar, Mohali,

whereby the appeal against the judgment of conviction and order of

sentence dated 18.12.2014 passed by the learned Principal Magistrate

Juvenile Justice Board, SAS Nagar (Mohali) convicting the petitioner-

Juvenile in conflict of law under Section 377 IPC has been upheld, but

sentence awarded to the petitioner for a period of three years to be kept in

Special Home has been reduced to two years.

It is contended by learned counsel for the petitioner that he

does not challenge the conviction on merits and restricts his prayer to

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CRR-974-2016 (OM) -2-

quantum of sentence only. It is further contended that the petitioner has

already undergone the actual period of sentence of one year, seven

months and one day out of total two years and that includes the post

conviction period of one year, five months and eighteen days. It is further

submitted that there is no other criminal case pending against the

petitioner and at the time of alleged occurrence he was only 15 years of

age.

The above factual position is duly acknowledged by learned

State counsel.

Even otherwise, having examined the impugned judgment,

no illegality or irregularity, has been found therein warranting

interference by this Court regarding the conviction recorded by the

learned Additional Sessions Judge and Juvenile Justice Board. However,

a lenient view can be taken on the quantum of sentence of the petitioner

in view of the facts and circumstances of the present case that at the time

of occurrence on 30.03.2012 he was 15 years of age and he is has suffered

the mental agony while facing the proceedings for the last more than six

years in this case.

Accordingly, keeping in view the discussion made here-

in-above, it is a fit case where the sentence of the petitioner-juvenile in

conflict of law for keeping him in Special Home is liable to be reduced.

Thus, the conviction of the petitioner under Section 377 IPC is

maintained and the sentence for keeping him in Special Home of the

petitioner is reduced to one year and nine months.

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CRR-974-2016 (OM) -3-

With the above modification, the present petition stands

disposed of.

Anuj Pandey-accused is stated to be on bail. He is directed to

surrender before the Juvenile Justice Board, SAS Nagar, Mohali, within a

period of fifteen days, who shall send him to Special Home to undergo the

remaining part of the sentence. In case he failed to surrender, the

Principal Magistrate of Juvenile Justice Board, SAS Nagar, Mohali shall

take coercive steps to secure his presence and send him to Special Home

to undergo the remaining part of his sentence.

A copy of this judgment be sent to the trial Court for strict

compliance.

( MAHABIR SINGH SINDHU)
April 18, 2018 JUDGE
naresh.k

Whether reportable? Yes
Whether reasoned/speaking? Yes

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