IN REFERENCE Vs. GOLU

JUDGEMENT

(1.) Heard. Reference has been made by the Registry vide order dated 25-9-2013 for consideration of whether the Principal Judge of Juvenile Justice Board (hereinafter referred to as "the J.J. Board") under the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as "the J.J. Act") had power to commit a juvenile in conflict with law to a Reformatory Home for a period of more than three years no matter whatever the nature of crime.

(2.) The facts of the case in brief that have given rise to the occasion for present consideration are that a criminal case under Section 392 of the IPC was registered against a juvenile named Golu @ Mota at Police Station, Jahangirabad, Bhopal and after investigation the charge sheet was filed before the Principal Judge, J.J. Board, Bhopal at Criminal Case No. 910/07. After trial the J.J. Board convicted the delinquent under Section 392 of the IPC vide judgment dated 7-4-08 and sent him to Special Reformatory Home, Seoni for a period of six years till he attained the age of majority, i.e., 18 years on 7-4-2014. The delinquent or anyone on his part did not challenge the legality and propriety of the impugned judgment regarding the period of custody.

(3.) The matter came to light at a conference of Judicial Officers convened under the aegis of the JOTRI on 21-9-2013. Thereafter, the matter was reported by the officers of Registry to the Hon'ble Chief Justice where from the issue was directed for academic purposes.