STATE OF HARYANA Vs. MOHAN ALIAS MONU

JUDGEMENT

(1.) Heard the submissions made by the learned Additional Advocate General, appearing for the State of Haryana.

(2.) There is delay of 22 days in filing the criminal appeal, challenging the order passed by the Juvenile Justice Board, Jhajjar (hereinafter referred to as the ''Board''). As it is found that the delay of 22 days in preferring the criminal appeal had occasioned on account of administrative exigencies and it was neither deliberate nor intentional, we allow the application, condoning the delay of 22 days in filing the appeal. Criminal Misc. No. 52432 of 2010 stands disposed of accordingly.

(3.) The learned Additional Advocate General, Haryana appearing for the Appellant would submit that a perverse finding has been recorded by the Board in a very serious offence of kidnapping, rape, murder and screening of evidence punishable under Sections theory and the extrajudicial confession had not been analyzed in a proper perspective by the Board. Therefore, it is his submissions that leave may be granted under Section 378(3) of the Code of Criminal Procedure (hereinafter referred to as the ''Code'') to prefer the appeal as against the impugned order passed by the Board. It is his further submission that in case the Court comes to the decision that it has no jurisdiction to entertain any appeal, as per the provisions of Section 52 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as the ''Act), the appeal may be treated as a revision under Section 53 of the very same Act.