X Vs. STATE OF C.G.

JUDGEMENT

(1.) The short but important question involved in this criminal appeal is, whether the Children's Court constituted under the provisions of the Commissions for Protection of Child Rights Act, 2005 is justified in convicting the appellant herein - a Child in Conflict with Law (for short, 'the CCL'), for offence under Sec. 307 of the IPC by awarding imprisonment for life treating the said offence as heinous offence and trying under Sec. 19(1) of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short, 'the Act of 2015')?

(2.) The aforesaid question of law arises for consideration on the following factual backdrop: -

(3.) The present appeal has been filed by the CCL under Sec. 374(2) of the CrPC impugning the judgment of conviction and order of sentence dtd. 27/9/2017 passed by the Juvenile Court (Children's Court)/Additional Sessions Judge (FTC), Korba in Special Case (Juvenile) No.3/2016, by which the CCL has been convicted under Sec. 307 of the IPC and sentenced to undergo simple imprisonment for life & pay a fine of 2,000/-, in default of payment Rs. of fine to further undergo additional simple imprisonment for two years.