first is with regard to the validity/correctness of the
conviction recorded by the learned trial Court and
affirmed by the High Court and, secondly, if the
conviction to be maintained what should be the
appropriate measure of punishment/sentence and
whether the same should be imposed by this Court or
the matter be remanded to the Juvenile Justice Board
in accordance with the provisions of Section 20 of the
Act of 2000.
5.
The position in law in this regard is somewhat
unsettled as has been noticed and dealt with by this
Court in Jitendra Singh alias Babboo Singh and
another versus State of Uttar Pradesh wherein in
paragraphs 24 to 27 four categories of cases have been
culled out where apparently different approaches had
been adopted by this Court. The net result is summed
up in paragraph 28 of the aforesaid report which
explains the details of the categorization made in the
earlier paragraphs of the said report. Paragraph 28 of
the said report, therefore, would require a specific
notice and is reproduced below:
“28. The sum and substance of the above
discussion is that in one set of cases this Court
has found the juvenile guilty of the crime alleged
to have been committed by him but he has gone
virtually unpunished since this Court quashed
the sentence awarded to him. In another set of
cases, this Court has taken the view, on the
28
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