STATE OF HIMACHAL PRADESH Vs. KAMAL THAKUR

JUDGEMENT

(1.) The State has assailed the order of acquittal passed by the Principal Magistrate, Juvenile Justice Board, Shimla on 29.12.2016 in Criminal Case No. 36-02 of 2015 whereby she acquitted the juvenile under Sections 454, 380 IPC.

(2.) Even though the judgment has been assailed on merits, however, the moot question is as to whether the Principal Magistrate while sitting singly could have finally decided/disposed of the case. The case was instituted on 7.11.2015 when the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short 'Act of 2000') was in operation.

(3.) Section 2 (c) defines Board in the following terms: "(c) "Board" means a Juvenile Justice Board constituted under Section 4."