NEERAJ Vs. N C T OF DELHI

JUDGEMENT

(1.) We have heard the learned counsel appearing for the parties on this Habeas Corpus petition. It is contended that the petitioner No.1 in this petition was taken into custody and was sent to Observation Home on 23rd November, 2002 in connection with FIR No.488/2002 for offence under Sections 376/354/394/397/506/34 IPC. He was 12 years of age at the time when he allegedly committed the offence. Petitioner No.2 was also taken into custody in connection with the same FIR and for offence under the same Sections of IPC as in the case of petitioner No.1 and was sent to Observation Home on 23rd November, 2002. At the time when he allegedly committed the offence he was 13 years of age.

(2.) Since both the petitioners were juvenile at the time when they allegedly committed the offence, their cases were taken up by the Juvenile Justice Board, Delhi.

(3.) After completion of inquiry, Juvenile Justice Board passed the order on 6th September, 2003 holding that both the petitioners were guilty of the offence under Section 376 IPC. In view of the aforesaid conviction and in view of the Social Investigation Report submitted by the Probation Officer with respect to the petitioners, Juvenile Justice Board directed both the petitioners to be sent to Special Home till they attain the age of majority. The said order was passed under the provisions of Juvenile Justice (Care Protection of Children) Act, 2000.