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SATYA DEO @ BHOOREY vs. STATE OF UTTAR PRADESH

SCR Citation: [2020] 12 S.C.R. 128
Year/Volume: 2020/ Volume 12
Date of Judgment: 07 October 2020
Petitioner: SATYA DEO @ BHOOREY
Disposal Nature: Appeal Partly Allowed
Neutral Citation: 2020 INSC 577
Judgment Delivered by: Hon'ble Mr. Justice Sanjiv Khanna
Respondent: STATE OF UTTAR PRADESH
Case Type: CRIMINAL APPEAL /860/2019
Order/Judgment: Judgment
1. Headnote

Juvenile Justice (Care and Protection of Children) Act, 2000– ss.2(l), 7A, 15, 16(2), 20, 64, 69 – Scheme and applicability of2000 Act – Appellant and co-accused persons convicted by trialcourt in FIR dtd. 11.12.81 u/s.302 r/w s.34, IPC and sentenced toundergo imprisonment for life – Confirmed by impugned judgment– SLP in respect of co-accused persons dismissed, however in caseof appellant notice was issued on the plea of juvenility – Held:Supreme court at this stage can decide and determine the questionof juvenility of the appellant, notwithstanding the fact that he wasnot entitled to the benefit of being a juvenile on the date of theoffence, under the 1986 Act, and had turned an adult when the2000 Act was enforced – As the appellant was less than 18 years ofage on the date of commission of offence on 11.12.81, he is entitledto be treated as a juvenile and be given benefit as per the 2000 Act– Further, in light of s.6, General Clauses Act r/w s.25 of the 2015Act, an accused cannot be denied his right to be treated as a juvenilewhen he was less than eighteen years of age at the time of commissionof the offence, a right which he acquired and has fructified underthe 2000 Act, even if the offence was committed prior to enforcementof the 2000 Act on 01.04.2001– In terms of s.25 of the 2015 Act,2000 Act would continue to apply and govern the proceedings whichwere pending when the 2015 Act was enforced – Appellant hasundergone incarceration for more than 2 years thus far – Convictionof the appellant is upheld, but sentence of life imprisonment setaside – Matter remitted to the Juvenile Justice Board for passingappropriate order/directions u/s.15 of the 2000 Act including thequestion of determination and payment of appropriate quantum offine and compensation to be awarded to the family of deceased –Juvenile Justice Act, 1986 – Juvenile Justice (Care and Protection)Act, 2015 – s.2, 25, 111 – General Clauses Act, 1897 – s.6 – PenalCode, 1860 – s.302 r/w s.34.Juvenile Justice (Care and Protection of Children) Act, 2000– Applicability of vis-à-vis 2015 Act – Discussed – Juvenile Justice(Care and Protection) Act of 2015.Juvenile Justice (Care and Protection) Act, 2015 – s.25 –Scope and application of – Discussed – Juvenile Justice (Care andProtection of Children) Act, 2000.

2. Case referred
3. Act
  • Juvenile Justice (Care and Protection of Children) Act, 2000 (56 of 2000)
  • General Clauses Act, 1897 (10 of 1897)
  • Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016)
  • Indian Penal Code, 1860 (45 of 1860)
4. Keyword
  • Juvenile Justice Act 2000
  • ss.2(l)
  • 7A
  • 15
  • 16(2)
  • 20
  • 64
  • 69
  • Scheme and applicability of 2000 Act
5. Equivalent citation
    Citation(s) 2020 AIR 4826 = 2020 (10) SCC 555 = 2020 (10) Suppl. SCC 555 = 2020 (10) JT 349 = 2020 (10) Suppl. JT 349 = 2020 (11) SCALE 462