Juvenile protects the environment
The petitioner was convicted under section 307 by the Trial court and was sentenced for three years imprisonment. An appeal was made by him in the High Court after dismissal subsequently an appeal was filled in the Supreme Court Of India. An application was also filled in the highest court of appeal under section 9(2) of the Juvenile Justice (care and protection) Act 2015 where he prayed that on the date of offence he was a minor. After hearing the prayer Supreme Court Of Delhi directed the District And Sessions Judge, Murshidabad, West Bengal to conduct an inquiry under this section regarding the juvenilty of the accused while commission of an offence and prepare a report.
In their report it was concluded that petitioner was 16 years 7 months and 28 days on the date of offence. The documents supporting this statement such as school records and other evidences were also submitted in the court. Therefore if he was a minor at the date of offence then the matter should have been dealt with the Juvenile Justice Board as per the above mentioned act.
However the court consisting of Justice L. Nageswara Rao and Justice Hemant Gupta was of the opinion that since the age of the petitioner was now beyond 30 years and is a medical practitioner therefore he should not be death by Juvenile Justice Board and so the sentence of three years imprisonment was released and the petitioner was told to plant 100 trees within a period of one year as his punishment and as a step towards community services.
Also Read: Subramanian Swamy vs. Union of India: CASE ANALYSIS