SUSHIL YADAV Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Mr. Arvind Vashistha, the learned Senior Advocate assisted by Mr. Hemant, the learned counsel appearing for the appellants in CRLR No. 114 of 2020 , Mr. J.S. Virk, the learned Dy. Advocate General and Mr. Rakesh Joshi, learned Brief Holder appearing for the State and Mr. Aditya Singh, the learned counsel appearing for the appellant in CRLR No. 144 of 2020.

(2.) All three petitioners (revisionist herein) were juvenile when the case was initiated. They allegedly committed gang rape and initially the Juvenile Justice Board, Dehradun, found the juveniles to be not guilty. Against said order, an appeal was preferred by the State of Uttarakhand bearing Criminal Appeal No. 226 of 2019. The appeal was filed late but the delay condonation petition was allowed and the matter was taken for hearing. The learned Judge, FTC/ Special Judge (POCSO)/ Addl. District Judge/ Children's Court, Dehradun, allowed the appeal on 3/2/2020 and set aside the acquittal of the juveniles and held them to be in conflict with law for the offence punishable under Sec. 376D of the Indian Penal Code (hereinafter referred to the Penal Code for brevity). They have been sent to be kept in the observation home/children home for two years and six months. Such order of reversing the acquittal has been challenged in these revisions.

(3.) It is very fairly submitted by both the learned counsel appearing for the juveniles that even if juveniles are allowed to remain in the children home then period of their detention come to an end on 7/1/2022, 11/1/2022 and 21/1/2022 respectively. They submit that if they were adults their two years and six months should have been reduced by virtue of the rules prescribed under Rule 174 of the Remission System and Premature Release of the U.P. Jail Manual. The same is reads as follows:-