Hon'ble Judges/Coram:
T.S. Thakur and Madan B. Lokur

JUDGMENT

Madan B. Lokur, J.

1. Three principal issues arise for consideration in this appeal. The first is whether the Appellant was a juvenile or a child as defined by Section 2(k) of the Juvenile Justice (Care and Protection of Children) Act, 2000 on the date of occurrence of the offence he was charged with. On a consideration of the Report called for by this Court on this question, the issue must be answered in the affirmative.

2. The second is whether the conviction of the Appellant can be sustained on merits and, if so, the sentence to be awarded to the Appellant. In our opinion the conviction of the Appellant must be upheld and on the quantum of sentence, he ought to be dealt with in accordance with the provisions of Section 20 of the Juvenile Justice (Care and Protection of Children) Act, 2000 read with Section 15 thereof.

3. The third question is whether any appropriate measures can be taken to prevent the recurrence of a situation, such as the present, where an accused is subjected to a trial by a regular Court having criminal jurisdiction but he or she is later found to be a juvenile. In this regard, we propose to give appropriate directions to all Magistrates which, we hope, will prevent such a situation from arising again.

The facts:

4. On the midnight of 23^rd/24^th May 1988 it is alleged that Asha Devi was set on fire by the Appellants and two other persons. A demand for dowry, which she was unable to meet, resulted in the unfortunate incident.

5. On 24^th May 1988 at about 5 a.m., Asha Devi's uncle came to know of the incident and he lodged a complaint with the local police. In the meanwhile, Asha Devi had been taken to the District Hospital where she succumbed to the burns.

6. After completing the investigation, the local police filed a charge sheet on 10^th July 1988 against the Appellants and two other persons. The charge sheet alleged offences committed Under Section 147, Section 302, Section 304-B and........