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Krishna Singh @ Krishn Kumar Singh v. The State Of Bihar

Patna HC5 Mar 2014CR. APP (DB)/870/2013

Case brief

AI extract

What is this about?

Conviction under Section 396 IPC set aside after Juvenile Justice Board reported appellant was a juvenile during the offence. Case remitted to Juvenile Justice Board under Juvenile Justice Act 2000; appellant released provisionally subject to appearance within ten days.

What did the court decide?

Impugned conviction and sentence set aside; appellant released subject to appearance before Juvenile Justice Board within 10 days.

Krishna Singh @ Krishn Kumar Singh Vs The State Of… — Criminal Trial and Appeal | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.870 of 2013

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====================================================== 1. Krishna Singh @ Krishn Kumar Singh, S/o Khalifa Singh, Resident of Village- Shubh Hata, Police Station- Siswan, District- Siwan. .... .... Appellant Versus 1. 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) 8 05-03-2014 Heard Mr. Chandra Mohan Jha, learned counsel for the appellant, and Mr. Ajay Mishra, learned Additional Public Prosecutor for the State.

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By judgment and order, dated 01.08.2013 and 05.08.2013, respectively, passed in Sessions Trial No. 91 of 1985, by the learned Adhoc Additional Sessions Judge-III, Siwan, the present appellant stands convicted under Section 396 of the Indian Penal Code and sentenced to undergo imprisonment for life and fine of rupees fifty thousand and, in default of payment of fine, simple imprisonment for two years.

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In the appeal, it was contended that the appellant was a juvenile on the alleged date of occurrence.

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By an order, dated 02.01.2014, this Court directed the Juvenile Justice Board, Siwan (in short, J.J.Board, Siwan) to examine the matter in the light of the materials, which were

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Patna High Court CR. APP (DB) No.870 of 2013 (8) dt.05-03-2014

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submitted by the appellant.

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A report, dated 29.01.2014, has, now, been received from J.J.Board, Siwan, which shows that according to the J.J.Board, Siwan, the appellant, on the date of alleged commission of offence, was a juvenile within the meaning of Juvenile Justice (Care and Protection of Children) Act, 2000.

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In view of the above, the appellant’s case is required to be dealt with in accordance with the provisions of Juvenile Justice (Care and Protection of Children) Act, 2000, and the rules framed therein.

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What logically follows from the above observations is that the appellant could not have been put on trial in the Court of ordinary criminal jurisdiction and, hence, his conviction by impugned judgment, dated 01.08.2013, and order of sentence, dated 05.08.2013, passed by the learned Adhoc Additional Sessions Judge-III, Siwan, in Sessions Trial No. 91 of 1985, consequent upon the appellant’s conviction need to be set aside.

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In view of the above and in the interest of justice, while setting aside the impugned conviction and the sentence passed against the appellant by the judgment and order under appeal, we direct release of appellant, namely, Krishna Singh @ Krish Kumar Singh, subject to the condition that the appellant,

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Patna High Court CR. APP (DB) No.870 of 2013 (8) dt.05-03-2014

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namely, Krishna Singh @ Krish Kumar Singh, shall appear before the J.J.Board, Siwan, within a period of 10 (ten) days from today, whereafter necessary order shall be passed by the learned J.J.Board, Siwan.

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In terms of the above observations and directions, the

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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)

Krishna Singh @ Krishn Kumar Singh v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Krishna Singh @ Krishn Kumar Singh v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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