30 that the matter needs to be examined on merits and if
the juvenile is found guilty of the offence, he could not be
allowed to go unpunished but considering the provisions
of the 2000 Act, the question of sentence must be left to
the JJB. It would be proper to reproduce paragraphs 28,
29 and 30 of the report of Justice Lokur, which read as
follows:
“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 facts of the case that the
juvenile is adequately punished for the offence
committed by him by serving out some period in
detention. In the third set of cases, this Court has
remitted the entire case for consideration by the
jurisdictional Juvenile Justice Board, both on the
innocence or guilt of the juvenile as well as the
sentence to be awarded if the juvenile is found guilty.
In the fourth set of cases, this Court has examined the
case on merits and after having found the juvenile
guilty of the offence, remitted the matter to the
23
選擇目標文字3
連接到段落
連接到實體
取消高亮顯示
新增到目錄