IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRL REF No. 8 of 2007()
1. RATHEESH KUMAR
... Petitioner
Vs
1. .
... Respondent
For Petitioner :.
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :01/06/2007
O R D E R
R.BASANT, J.
----------------------
Crl.Ref.No.8 of 2007
----------------------------------------
Dated this the 1st day of June 2007
O R D E R
This reference has been made by the learned Additional
Sessions Judge(Adhoc), Fast Track-III, Pathanamthitta in
Sessions case 387/2005 which was committed to the court of
Session on the basis of the order of committal dated 22/4/2005 in
C.P.No.35/2005. The allegations were interalia under Section
308 read with 149 I.P.C. The fifth accused in that case, who was
also dealt with as an adult accused along with the co-accused
was later found to be a juvenile on the date of commission of the
offence. In these circumstances, the learned Sessions Judge
found that he could not proceed with the trial in the light of the
mandate under the Juvenile Justice Act. The matter has come to
the learned Sessions Judge on committal. The learned Sessions
Judge has made such a reference.
2. When a person, who is a juvenile, is brought before
any Magistrate, he has to follow the procedure under Section 7
of the Juvenile Justice (Care and Protection of Children)
Crl.Ref.No.8/07 2
Act,2000. Unfortunately in this case, evidently on account of the
fact that the fact of juvenility was not conveyed to the learned
Magistrate, the learned Magistrate has proceeded as if the fifth
accused was also an adult offender. The committal made is
therefore evidently wrong and in violation of the mandate of
Section 7 of the Juvenile Justice Act. The learned Magistrate
must have acted in accordance with the provisions of Section 7
of the Juvenile Justice Act.
3. The short question to be decided is what further
course has to be followed. Ideally the order of committal in so
far as it relates to the fifth accused can be set aside and the
learned Magistrate can be directed to follow the procedure
under Section 7 of the Juvenile Justice Act. But such a procedure
would involve unnecessary delay and protraction. In the
interests of the fifth accused, the case deserves to be proceeded
with expedition before the Juvenile Justice Board. I am satisfied
that appropriate directions can be issued to the learned Sessions
Judge to forward the case in so far as it relates to the fifth
accused juvenile to the Juvenile Justice Board (and if the Juvenile
Justice Board has not been constituted for the area to the
Crl.Ref.No.8/07 3
learned Chief Judicial Magistrate), along with all necessary
records. The Juvenile Justice Board, when it gets the papers
shall reckon the case as one forwarded by the Magistrate shall
sent over the accused in accordance with Section 7 of the
Juvenile Justice Act and shall proceed accordingly.
4. In the result, this reference is answered. Directions
are issued to the learned Sessions Judge and the Juvenile Justice
Board as above.
(R.BASANT, JUDGE)
jsr
Crl.Ref.No.8/07 4
Crl.Ref.No.8/07 5
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007