NEERAJ Vs. N C T OF DELHI
HIGH COURT OF DELHI
N C T Of Delhi
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(1.) We have heard the learned counsel appearing for the parties on this
Habeas Corpus petition. It is contended that the petitioner No.1 in this
petition was taken into custody and was sent to Observation Home on 23rd
November, 2002 in connection with FIR No.488/2002 for offence under Sections
376/354/394/397/506/34 IPC. He was 12 years of age at the time when he
allegedly committed the offence. Petitioner No.2 was also taken into custody in
connection with the same FIR and for offence under the same Sections of IPC as
in the case of petitioner No.1 and was sent to Observation Home on 23rd
November, 2002. At the time when he allegedly committed the offence he was 13
years of age.
(2.) Since both the petitioners were juvenile at the time when they
allegedly committed the offence, their cases were taken up by the Juvenile
Justice Board, Delhi.
(3.) After completion of inquiry, Juvenile Justice Board passed the order on
6th September, 2003 holding that both the petitioners were guilty of the offence
under Section 376 IPC. In view of the aforesaid conviction and in view of the
Social Investigation Report submitted by the Probation Officer with respect to
the petitioners, Juvenile Justice Board directed both the petitioners to be
sent to Special Home till they attain the age of majority. The said order was
passed under the provisions of Juvenile Justice (Care Protection of Children)
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