ASHISH MANGER Vs. STATE OF SIKKIM

JUDGEMENT

(1.) I.A. No.01 of 2023 is an application filed under Sec. 9 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter, 'J.J. Act') and I.A. No.02 of 2023 is an application filed under Sec. 391 of the Code of Criminal Procedure, 1973 (hereinafter, 'Cr.P.C.'), on behalf of the Appellant, during the pendency of the Appeal.

(2.) Heard Learned Counsel for the parties.

(3.) Learned Counsel for the Appellant submits that the Appellant was convicted of the offences under Ss. 9(l), 9(m) and 9(n) of the Protection of Children from Sexual Offences Act, 2012, punishable under Sec. 10 of the same Act and he was sentenced to undergo rigorous imprisonment for five years and to pay a fine of ? 5,000/- (Rupees five thousand) only, with default clause of imprisonment and an Appeal has been filed in tis context before this Court. That, the date of birth of the Appellant is 31/3/1998 and the alleged offence occurred in the year 2015 as noted in the Sec. 164 Cr.P.C. statement of the victim, dtd. 5/2/2021. That, as a consequence, it is evident that the Appellant was a juvenile at the time of commission of the alleged offence as the Appellant was below the age of eighteen years. That, the provisions of Sec. 6 of the J.J. Act would also squarely apply to the present facts and circumstances. That, the J.J. Act grants power to this Court to conduct an enquiry on the plea of juvenility raised by the Appellant and in the event that this Court arrives at a finding that the Appellant was a juvenile on the date of commission of the offence, the Court may forward the Appellant to the Juvenile Justice Board for issuing appropriate orders.