SAMPATH Vs. STATE

JUDGEMENT

(1.) The Crl.R.C.SR.No.12712 of 2023 is placed for maintainability.

(2.) The brief fact of the case is that the respondent police registered a case against the petitioner in Crime No.508 of 2022 for the offence under Sec. 379 of IPC. After filing of the charge sheet, the case was taken on file as J.C.No.100 of 2022 on the file of the Juvenile Justice Board, Salem. Thereafter, when the petitioner was questioned, he admitted his guilt. Recording the same, the Juvenile Justice Board convicted the petitioner under Sec. 379 of IPC and sentenced to undergo 3 years imprisonment to be detained in Juvenile Special Home at Chengalpet, by its order dtd. 25/11/2022. Challenging the same, the petitioner/accused filed the revision, in which, the Registry raised the question when appeal is maintainable under Sec. 101 of Juvenile Justice (Care and Protection of Children ) Act 2015, how the revision is maintainable.

(3.) The learned counsel for the petitioner submitted that though appeal is maintainable, the petitioner is now challenging the non-following of the procedure required under law and not providing free legal aid to the petitioner/accused person. Free legal aid in Criminal Trial is a fundamental right of an indigent accused person. The Juvenile Board only on accepting the plea of guilt, convicted the accused, which is unjust and illegal. Hence, Criminal Revision is maintainable and pleaded to take on file a criminal revision.