Allowed

Mukesh Yadav v. The State Of Bihar

Patna HC7 Jan 2014CR. APP (DB)/374/2013

Case brief

AI extract

What is this about?

Appellant challenged conviction and life sentence. Court accepted Juvenile Justice Board report confirming appellant was 13 years old at the time of offense. Court allowed appeal, set aside sentence, and directed case disposal by Juvenile Justice Board.

What did the court decide?

Appeal allowed; conviction and sentence set aside; case remanded to Juvenile Justice Board for disposal.

Mukesh Yadav Vs The State Of Bihar — Child Sexual Offences (POCSO) | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.374 of 2013

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====================================================== Mukesh Yadav, S/o. Yogendra Yadav, R/o. Mohalla- Sant Nagar, Gangjala, P.S. Saharsa, District- Saharsa. .... .... Appellant Versus The State Of Bihar .... .... Respondent ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI and HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE I. A. ANSARI) 7 07-01-2014 Heard Mr. Krishna Prasad Singh, learned counsel for the appellant, and Mr. D.K. Sinha, learned Additional Public Prosecutor for the State.

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By judgment and order, dated 11.04.2013 and 15.04.2013, respectively, passed, in Sessions Trial No. 260 of 2007, by the learned Ad hoc Additional Sessions Judge-II, Saharsa, the present appellant stands convicted under Sections 302, 364, and 201 read with Section 34 of the Indian Penal Code, and in consequence of his conviction under Section 302 read with Section 34 of the Indian Penal Code, the appellant stands sentenced to suffer imprisonment for life with fine of Rs.5,000/(Five thousand) and, in default of payment of fine, to undergo imprisonment for a period of six months. The appellant has also been sentenced, for his conviction under Section 364 read with Section 34 of the Indian Penal Code, to undergo rigorous

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Patna High Court CR. APP (DB) No.374 of 2013 (7) dt.07-01-2014

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imprisonment for ten years and pay fine of Rs.5000/-, and in default of payment of fine, to undergo imprisonment for six months. The appellant has been further sentenced, for his conviction under Section 201 read with Section 34 of the Indian Penal Code, to undergo rigorous imprisonment for seven years with fine of Rs. 5,000/- (Five thousand) and, in default of payment of fine, to undergo imprisonment for a period of six months.

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In the appeal, it was submitted that the appellant was a juvenile on the alleged date of occurrence. In order to determine the correctness of the stand, which had been taken by the appellant, a direction was given, in this appeal, to the Juvenile Justice Board, Saharsa (hereinafter referred to as the ‘J.J.Board’) to determine if the appellant was a juvenile at the time of the alleged occurrence. An enquiry has accordingly been held and a report, dated 17.12.2013, with regard to the juvenility of the appellant has been submitted to this Registry by J.J.Board, Saharsa. The report reveals that in terms of the documents, which had been produced by the appellant, at the time of the enquiry, including his Registration Card, Admit Card and Marks-sheet, issued by the Bihar School Examination Board, Patna, the date of birth of the appellant is 02.05.1994; whereas the date of the alleged occurrence was 31.07.2007. The learned J.J.Board,

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Patna High Court CR. APP (DB) No.374 of 2013 (7) dt.07-01-2014

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Saharsa has, therefore, concluded that the appellant was 13 years 2 months and 29 days on the date of alleged occurrence and he was, thus, being below the age of 18 years on the date of alleged occurrence, a juvenile.

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Having examined the materials on record including the report aforementioned and having heard learned counsel for the parties appearing before us, we do not find any infirmity in the report so submitted by the learned J.J.Board, Saharsa.

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Holding, therefore, the appellant as a juvenile in conflict with law, on the date of the alleged occurrence i.e., 31.07.2007, we hereby allow this appeal by setting aside the impugned judgment, dated 11.04.2013, and the order of sentence, dated 15.04.2013, to the extent that the same relates to the present appellant and we direct that the case against him be dealt with and disposed of, in accordance with law, by the learned J.J.Board, Saharsa.

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In terms of the above observations and directions, the appeal shall stand disposed of.

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(I. A. Ansari, J)

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Mkr./-

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(Samarendra Pratap Singh, J)

Mukesh Yadav v. The State Of Bihar

Case brief

What is this about?

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Mukesh Yadav v. The State Of Bihar

Case brief

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