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47. We may notice another three-Judge Bench judgment of this Court, i.e., Subramanian Swamy and others vs. Raju through Member, Juvenile Justice Board and another, (2014) 8 SCC 390. This Court in the above judgment laid down that reading down the provisions of a statute cannot be resorted to when the meaning thereof is plain and unambiguous and the legislative intent is clear. We need to notice the issues raised in the above case and the ratio of the judgment. Above was a case where a lady of 23 years in age in moving bus was brutally assaulted sexually and physically. The lady succumbed to her injuries. Five persons were apprehended in connection with the crime. The respondent, Raju was below 18 years of age on the date of commission of the crime. His case was referred for inquiry to the Juvenile Justice Board. The other accused were tried in a regular Sessions Court and have been found guilty of the offences under Section 376(2)(g) and Section 302 of the Penal Code. Other accused were sentenced to death, appeal against which was dismissed by the High court. The petitioners had filed applications for impleadment before the Juvenile Justice Board. The case of the petitioners was that on a proper interpretation of the Act (Juvenile Justice (Care and Protection of Children) Act, 2000), the Juvenile(respondent) was not entitled to the benefits under the Act but was liable to be tried under the penal law of the land in a regular criminal court along with the other accused.

39. However, the aforesaid declaration should not be misunderstood as total striking down of Section 14(1)(e) of the 1958 Act because it is neither the pleaded case of the parties nor the learned Counsel argued that Section 14(1)(e) is unconstitutional in its entirety and we feel that ends of justice will be met by striking down the discriminatory portion of Section 14(1)(e)…”

54. The judgment of Satyawati Sharma was, thus, not a case of reading down of Section 14(1)(e) rather it was a case where portion of Section 14(1)(e) was struck down as discriminatory and violative of Article 14 of the Constitution. Thus, three-Judge Bench judgment in Subramanian Swamy and others (supra) is clearly distinguishable and does not affect the ratio laid down by two-Judge Bench judgment in Satyawati Sharma case.