JUDGEMENT
DEEPAK GUPTA,J. -
(1.) Leave granted.
(2.) "Whether an offence prescribing a maximum sentence of more than 7 years imprisonment but not providing any minimum
sentence, or providing a minimum sentence of less than 7 years,
can be considered to be a 'heinous offence' within the meaning of
Section 2(33) of The Juvenile Justice (Care and Protection of
Children) Act, 2015?" is the extremely important and interesting
issue which arises in this case.
(3.) The factual background is that a juvenile 'X' is alleged to have committed an offence punishable under Section 304 of the
Indian Penal Code,1860 (IPC for short) which offence is
punishable with a maximum punishment of imprisonment for life
or up to 10 years and fine in the first part and imprisonment up
to 10 years or fine, or both in the second part. No minimum
sentence is prescribed.;
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