Sikkim High Court
State Of Sikkim vs Prakash Chettri on 2 June, 2014
1
Crl. Rev. P. No. 05/2014
THE HIGH COURT OF SIKKIM AT GANGTOK
JUDGMENT
S.B. Crl. Rev. P. No. 05 of 2014 State of Sikkim ..... Petitioner.
- versus -
Prakash Chettri, S/o Shri Hasta Bahadur Chettri, Aged about 17 years, Resident of Tirikhola, South Sikkim.
..... Juvenile/ Respondent.
CORAM HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. K. JAIN Date of Judgment : 02.06.2014 For Petitioner : M/s J.B. Pradhan, Public Prosecutor, Karma Thinlay, Addl. Public Prosecutor with S.K. Chettri and Pollin Rai, Asstt. Public Prosecutors.
For Respondent : Mr. Prakash Chettri, respondent with his maternal uncle, Mr. Damber Singh Chettri, in person.
2Crl. Rev. P. No. 05/2014 Jain, CJ (Oral).
Heard Mr. J.B. Pradhan, learned Public Prosecutor for the State of Sikkim and Mr. Prakash Chettri, accused/ respondent along with his maternal uncle Mr. Damber Singh Chettri, who are present in person.
2. This Crl. Revision Petition is directed against the judgment and order dated 31.03.2014 passed by Principal Magistrate, Juvenile Justice Board, West Sikkim at Gyalshing (for short, "the Board") in JJB Case No. 12 of 2013, whereby the accused/respondent has been convicted under Sections 376, 451 IPC, but instead of awarding any sentence of imprisonment, the benefit of probation under Section 4 of the Probation of Offender's Act, 1958 has been granted to him, in compliance of Section 15 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short, 'the Act of 2000').
3. From the impugned judgment, it is clear that judgment has been passed by the Principal Magistrate alone, whereas, as per proviso to sub-section (3) of Section 5 of the Act of 2000, the matter could have been disposed off 3 Crl. Rev. P. No. 05/2014 finally by at least two members of the Board. Section 5 (3) of the Act of 2000 is reproduced as under: -
"5. Procedure, etc., in relation to Board. -
(1) ..................................................... (2) ..................................................... (3) A Board may act notwithstanding the absence of any member of the Board, and no order made by the Board shall be invalid by reason only of the absence of any member during any stage of proceedings:
Provided that there shall be at least two members including the principal Magistrate present at the time of final disposal of the case.
(4) .........................................................."
(emphasis supplied)
4. Since, there is no dispute in the case that the judgment has been passed by Principal Magistrate alone, whereas the case should have been disposed off finally by the Juvenile Justice Board consisting of at least two members including the Principal Magistrate. Therefore, the judgment is apparently illegal and without jurisdiction and the same deserves to be set aside.
5. Consequently, the Crl. Revision Petition is allowed. The impugned judgment dated 31.03.2014 passed by Principal Magistrate, Juvenile Justice Board, West Sikkim at Gyalshing in JJB Case No. 12 of 2013 is set aside. The case is remanded to Juvenile Justice Board, West Sikkim at 4 Crl. Rev. P. No. 05/2014 Gyalshing for deciding the case afresh in accordance with law, after hearing both the parties.
6. Both the parties are directed to appear before the Juvenile Justice Board, West Sikkim at Gyalshing on 16.06.2014. The Registry is directed to send back the record of the case to the Juvenile Justice Board, West Sikkim at Gyalshing, forthwith.
(N.K. Jain) Chief Justice 02.06.2014