HC partly quashes judgment in murder, kidnapping case

By
Daily Excelsior
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Excelsior Correspondent
SRINAGAR, Dec 20: High Court has partly quashed the judgment passed by trial court declaring the accused persons involved in murder and kidnapping as juveniles in conflict with law and remanded the case to Juvenile Justice Board with the direction to record its finding in the case and transmit their cases to Juvenile Justice Board for passing orders.
Recording the order of Sessions Judge declaring the accused person as juveniles in conflict with law without waiting for medical opinion of determining his age and subsequently transferring the trial of the case to sub-judge as not in tune with law, Justice Sanjeev Kumar quashed the order with the direction to proceed with the trial of the case and in case it finds that the juveniles have committed the offences referred in the challan then only record its findings without passing any sentence.
Court while referring section 21 of the JJ Act said it clearly provides that all the proceedings in respect of a juvenile pending in any court in any area on the date on which the Act comes into force in that area, shall be continued in that Court as if the Act has not been passed.
“It is only if the court finds that a juvenile has committed an offence, it shall record such findings and instead of passing any sentence, forward the juvenile to the JJB. It is thereafter for the JJB to pass appropriate orders in respect of that juvenile accordance with the provision of the Act”, Justice Kumar said.
With reference to transferring the challan to JJB (Chief Judicial Magistrate), Court said the trial court at this stage cannot transfer the challan to JJB but has to conclude the trial as if the JJ Act, has not been passed.
Court directed the trial court to proceed to conclude the trial and after recordings its findings refer the case to JJB for passing appropriate orders under the provisions of Act.
It was on the complaint that the Police Station Ganderbal registered an FIR 170/2010 for commission of offence murder and kidnapping.

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