Pramila vs The State Of Chhattisgarh

IN THE SUPREME COURT OF INDIA 2024 INSC 50 CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO(S). 64/2012

PRAMILA APPELLANT(S)

VERSUS

STATE OF CHHATTISGARH RESPONDENT(S)

J U D G M E N T

ABHAY S. OKA, J.

Heard the learned senior counsel appearing for the appellant

and the learned counsel for the respondent/State.

The appellant has taken an exception to the judgment and order

dated 3rd May, 2010 passed by the Division Bench of the High Court

of Chhattisgarh. The appellant herein was the second appellant

before the High Court. The appellant was convicted for the

offences punishable under Sections 302 and 201 read with Section 34

of the Indian Penal Code, 1860 and sentenced to undergo life

imprisonment.

The issue of juvenility was raised by the appellant in this

Appeal during the course of hearing by filing an interlocutory

application. Therefore, vide order dated 13th September, 2023, this

Court directed the Sessions Court to hold an enquiry into that

aspect of issue of juvenility. In terms of the order of this

Court, Signature Not Verified the learned 1st Additional Sessions Judge, Ramanujganj, Digitally signed by ASHISH KONDLE Date: 2024.01.22 District Balrampur, Chhattisgarh, has submitted a finding dated 30 th 17:41:26 IST Reason:

October, 2023, which records that the date of birth of the

1 appellant is 1st September, 1982 and, therefore, on 15th June, 2000,

which is the date of the occurrence of the offence, the age of the

appellant was 17 years, 09 months and 14 days. The statements of

the witnesses as well as the documents produced on record during

the inquiry have been forwarded to this Court.

A perusal of the report shows that apart from other documents,

reliance has been placed on the entries in the school leaving

register of the school last attended by the appellant. This

document is of the year 1988. The name of the appellant appears at

serial no.369 and her date of birth shown therein is 1 st September,

1982. Even the primary certificate examination result-sheet of

1995 shows the same date of birth.

Therefore, we have to proceed on the footing that on the date

on which the incident constituting the offence took place, the age

of the appellant was less than 18 years. The Juvenile Justice

(Care and Protection of Children) Act, 2000 (for short, “the 2000

JJ Act”) was admittedly not in force when the incident occurred.

Therefore, the case will be governed by the Juvenile Justice Act,

1986 (for short, “the 1986 JJ Act”). Under clause (h) of Section 2

of the 1986 JJ Act, a ‘juvenile’ has been defined to mean a boy who

has not attained the age of sixteen years or a girl who has not

attained the age of eighteen years. Thus, on the date of

occurrence of the offence, the appellant was a juvenile. Therefore,

the appellant ought to have been dealt with in accordance with

Section 21 of the 1986 JJ Act. The maximum action which could have

been taken against the appellant was of sending her to a special

home. In the case of a girl of sixteen years of age, she could

2 have been sent to a special home for a period of not less than

three years. As per Section 22(1) of the 1986 JJ Act, there was a

prohibition on sentencing a juvenile to undergo imprisonment.

There is a similar provision under Section 16 of the 2000 JJ Act.

In the present case, as can be seen from the order dated

6th January, 2012, the appellant had undergone incarceration for a

period of more than eight years.

Hence, the present Appeal must succeed and the impugned

judgment and order dated 3rd May, 2010 passed by the High Court and

the impugned judgment and order dated 30 th June, 2003 passed by the

Additional Sessions Judge, Ramanujganj, District Sarguja,

Chhattisgarh, are hereby quashed and set aside only insofar as the

appellant (accused no.2) is concerned.

As the appellant has undergone incarceration for a period of

more than eight years, no purpose will be served by sending the

appellant before the Juvenile Justice Board.

The bail bonds of the appellant stand cancelled.

The Appeal is, accordingly, allowed.

..........................J. (ABHAY S.OKA)

..........................J. (UJJAL BHUYAN)

NEW DELHI;

JANUARY 17, 2024.

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