(1.) IN the instant writ application the petitioner initially prayed for a direction to the respondents to shift him from Central Jail, Muzaffarpur, to Remand Home, Muzaffarpur in view of the provisions of Juvenile Justice (Care and Protection of Children) Act, 2000. The matter relates to Trial No. 12/07, arising out of Goraul P.S. Case No. 142/05, corresponding to G.R. No. 2058/05 under Section 376 of I.P.C. But as during pendency of this application, the petitioner was shifted to Remand Home, he has filed an interlocutory application being I.A. No. 1913 -08 for an appropriate direction to the respondents to release him from Remand Home as he had already completed maximum period of 3 years in custody.
(2.) THE following issues arise for consideration in this case which are enumerated hereinbelow: - 1. Whether an accused who has been declared juvenile, can be kept in prison beyond three years or in Special Home commonly referred as Remand Home? 2. Whether trial of a Juvenile would continue before a regular court under the provision of Cr.P.C. or whether his enquiry would continue in accordance with the Juvenile Justice Act? Before I examine the aforesaid issue it would be relevant to notice the fact of the case in brief. The petitioner was remanded to judicial custody on 11.7.2005 in Goraul P.S. Case No. 142/02 dated 17.1.06. The Juvenile Justice Board, Muzaffarpur, on 7.4.06 found and declared him to be juvenile being aged between 16 to 17 years on 1.3.06. As such the age of petitioner would be between 15 to 16 years on 10.7.2005, i.e. the date of occurrence. The bail application of petitioner was rejected by Juvenile Justice Board. An application for shifting him from Central Jail, Muzaffarpur to Remand Home was also rejected on 20.4.2006 by Board, as by then he had attained majority. Being aggrieved by the order dated 20.4.2006 rejecting prayer of bail, petitioner preferred Cr. Appeal No. 45/06 which too was rejected by the learned Sessions Judge, Muzaffarpur vide his order dated 10.7.2006. The petitioner filed Cr. Revision No. 811 of 2006 before this Court under Section 53 of the Act and met the same fate with an observation that the trial be concluded within six months. The subsequent effort of the petitioner to be enlarged on bail as the trial did not conclude within the stipulated period also went in vain.
(3.) THE learned counsel for the petitioner submits that he has already completed more than three years in custody and his continuance in custody beyond aforesaid period is impermissible in law. He further submits that, in fact, a person who has been declared juvenile cannot be kept in jail custody at all. He further submits that the petitioner cannot be tried together with the other accused persons in regular court under the provision of Cr.P.C. He submits that a juvenile can be tried only by the Juvenile Justice Board as per the provisions of the said Act.