ANIL KUMAR @ BALLU Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Both the above captioned Criminal Revision Petitions, lay challenge to judgment dated 30.7.2015, passed by learned Additional Sessions Judge (I), Una, District Una, Himachal Pradesh, in Criminal Appeal No.1/2014, affirming the judgment of conviction recorded by learned Principal Magistrate, Juvenile Justice Board, Una, District Una, Himachal Pradesh, in Criminal Inquiry No.4/2011, whereby petitioner namely, Anil Kumar @ Ballu (hereinafter referred to as Juvenile in conflict with law), who has filed Criminal Revision No.365 of 2015 has been convicted and ordered to be sent to Special Home for a period of one year for having committed the offence punishable under Sections 376(2)(f) and 201 of IPC.

(2.) By way of Criminal Revision Petition No.365 of 2015, Juvenile in conflict with law namely, Anil Kumar has sought acquittal after setting aside the judgment of conviction recorded by the learned Courts below, whereas State of Himachal Pradesh in Criminal Revision No.290 of 2016 has prayed for enhancement of sentence awarded by the learned Courts below while holding Juvenile in conflict with law guilty of having committed the offence punishable under Sections 376(2)(f) and 201 of IPC.

(3.) Having heard learned counsel representing the parties and perused the material available on record vis-a-vis reasoning assigned by learned Courts below while passing the impugned judgments, this Court finds no reason at this stage to determine the correctness and genuineness of the judgment impugned before it because by now both the petitions have become infructuous. Admittedly, vide judgment dated 31.12.2013 learned Principal Magistrate, Juvenile Justice Board, Una, District Una, H.P. while holding Juvenile in conflict with law guilty of having committed the offence punishable under Section 376(2)(f) of IPC, sent him to Special Home for a period of one year, but now since Juvenile in conflict with law has attained majority, he cannot be sent to Special Home for a period of one year in terms of the judgment passed by Principal Magistrate, Juvenile Justice Board. Juvenile Justice Board while awarding sentence under Section 15(g) of the Act, has categorically observed that juvenile shall not suffer disqualification on account of the conviction in view of Section 19 of the Juvenile Justice Act.