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 jurisdictional
Juvenile
Justice
Board
on
the award
of
sentence.”
6. The validity of the conviction in respect of the
incident which occurred almost two decades back, in
our considered view, ought to be decided in these
appeals and the entire of the proceedings including the
punishment/sentence
awarded
should
not
be
interfered with on the mere ground that the accused
appellants were juveniles on the date of commission of
the alleged crime. Judicial approaches must always be
realistic and have some relation to the ground
realities. We, therefore, adopt one of the possible
approaches that has been earlier adopted by this
Court in the four categories of cases mentioned above
to examine the correctness of the conviction of the
29
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