VIVEK Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present revision petition is directed against the orders of the Juvenile Justice Board dated 12.9.2012 and that of the Appellate Court dated 19.12.2012. The petitioner faced proceedings pursuant to FIR No.827 dated 25.11.2010 under the provisions of Sections 294, 341, 506 read with Section 34 IPC, Police Station, City Jind.

(2.) THE allegations against him were substantiated and he was held guilty of stalking the daughter of the complainant and sent to Special Home for a period of one month as he was a juvenile. Learned counsel for the petitioner contends that the petitioner has already undergone 21 days out of the total period of one month awarded to him and that he being a Juvenile and first offender ought to have been granted the benefit of probation.

(3.) IT is for this reason that it becomes important for the Courts to look into the provisions of Section 360 Cr.P.C with more sensitivity and circumspection so as to uphold its spirit. The First Appellate Court even though conscious of this provision of law chose to brush it aside on the ground that the petitioner was convicted of an offence which amounted to moral turpitude which instances are on the rise in the society and hence denied the benefit to the petitioner.