Section 2, even if the juvenile ceases to be so on
or before the date of commencement of this Act
and the provisions of this Act shall apply as if the
said provisions had been in force, for all purposes
and at all material times when the alleged offence
was committed.”
30. It is clear that the case of the juvenile has to be
examined on merits. If it found that the juvenile is
guilty of the offence alleged to have been committed,
he simply cannot go unpunished. However, as the law
stands, the punishment to be awarded to him or her
must be left to the Juvenile Justice Board constituted
under the Juvenile Justice (Care and Protection of
Children) Act, 2000. This is the plain requirement of
Section 20 of the Juvenile Justice (Care and Protection
of Children) Act, 2000. In other words, Ashwani Kumar
Saxena (2012) 9 SCC 750, should be followed.”
23. Justice T.S. Thakur while concurring with the view
taken by Justice Lokur, in his supplementing opinion also
dealt with this aspect of the matter and in paragraph 82
of the report was of the view that insofar as the conviction
was concerned, the same could be examined by this Court,
however, on the sentence part, the benefit admissible
25
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents