Gayathri Jiji, Research Assistant, Prof. N. R. Madhava Menon Interdisciplinary Centre for Research Ethics and Protocols, An Inter University Centre of Excellence, Cochin University of Science and Technology, Kochi, Kerala, India
Criminal Appeal :- 34 of 2020
Arising out of Special Leave Petition (Crl.) No. 7678 of 2019)
FACTS OF THE CASE
A juvenile ‘X’ is alleged to have committed an offence punishable under Section 304 of the Indian Penal Code, 1860 which is an offence punishable with a maximum punishment of imprisonment for life or up to 10 years and fine. No minimum sentence is prescribed under the Section. The case was of a motor vehicle accident where the victim died and the juvenile at the time of occurrence was above 16 years of age but below 18 years. The Juvenile Justice Board vide order dated 4/6/2016 held that the juvenile ‘X’ has committed a heinous offence and therefore should be tried as an adult. The appeal filed to the Children’s Court was also dismissed on 11.02.2019. Thereafter the juvenile ‘X’, through his mother approached the Delhi High Court, which vide order dated 01.05.2019 held that since no minimum sentence is prescribed for the offence in question, the said offence did not fall within the ambit of Section 2(33) of the Juvenile Justice (Care and Protection) Act of 2015. This order is under challenge in this appeal.
