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Vasim vs State Of Rajasthan Through Pp on 21 March, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR

S.B.Criminal Revision Petition No. 931 / 2016

Vasim S/o Shri Rahis B/c Muslim, Aged About 14 Years, R/o Suket,
Police Station Suket, Distt. Kota Rajasthan Minor Through Mother
Smt. Guddi Bai W/o Shri Rahis B/c Muslim R/o Peeliya Dhal, Suklet,
Distt. Kota Rajasthan (at Present Observation Home Kota)

Versus

State of Rajasthan Through PP

____________________________________________________

For Petitioner(s) : Dr. Mahesh Sharma

For Respondent(s) : Ms. Sonia Sandilya, PP

_____________________________________________________

HON’BLE MR. JUSTICE PANKAJ BHANDARI

Judgment

21/03/2017

1. Petitioner through natural guardian mother has preferred this

writ petition aggrieved by order dated 08.06.2016 passed by Session

Judge Kota and order dated 18.04.2015 passed by Juvenile Justice

Board in regular Criminal case No. 28531/2014 (80/13) whereby

petitioner has been directed to be kept in special home.

2. It is contended by counsel for the petitioner that the petitioner

has been held guilty for offence under Section 377 IPC and Section 4

and 6 of the POSCO Act, by the Juvenile Justice Board. The Juvenile

Justice Board has directed that the petitioner be kept in special home

for three years. The order of the Juvenile Justice Board was

challenged by the petitioner. The Sessions Judge, Kota, vide order

dated 08.06.2016 partly allowed the appeal and reduced the period

of stay at special home, from three years to two years.

3. It is contended that the date of birth of the petitioner is

24.04.1999. As per Ex.P-6 and the petitioner cannot be kept in the
(2 of 2)
[CRLR-931/2016]

special home after he attain the age of 18 years.

4. I have considered the contentions, as per sub-Clause (g) of

sub-Section (1) of Section 18 of the Juvenile Justice (Care and

Protection of Children) Act, 2015, the order which could be passed

regarding child is directing the child to be sent to a special home, for

such period not exceeding three years.

5. “Child” has been defined in sub-Section (12) of Section 2 of the

Act, “Child” means a person who has not completed 18 years of age.

As per sub-Clause (g) of sub-Section (1) of Section 18, a child may

be sent to special home, for such period not exceeding three years.

The word here used is child. In the present case, the date of birth of

petitioner is 24.04.1999 and he will attain the age of 18 years on

24.04.2017.

6. The petitioner would no longer continue to be a child after he

attains majority and therefore he cannot be kept in the special home.

Only contention made before this Court is with regard to release of

the petitioner on completing the age of 18 years.

7. The petitioner would attains the age of 18 years on 24.04.2017

and could not be retained in the special home. The Revision Petition

therefore deserves to be allowed. The period fixed by the appellate

Court is reduced to the date on which the petitioner attains majority.

The petitioner be released on the date be attains majority that is

24.04.2017 if not wanted in any other case.

8. The Revision Petition is accordingly allowed.

(PANKAJ BHANDARI)J.

Arun/41

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