JITENDRA SINGH @ BABBOO SINGH & ANR. versus STATE OF U.P.

JITENDRA SINGH @ BABBOO SINGH & ANR. versus STATE OF U.P.

Appellant was found to be a juvenile under the 2000 Act at the time of offence. The conviction stands, but the sentence is set aside and the case is remanded to the Juvenile Justice Board to determine appropriate punishment and compensation, in accordance with the 1986 Act and constitutional safeguards.

Parties
Appellant: Jitendra Singh @ Babboo Singh; Respondent: State of U.P.
Jurisdiction
India
Judgment Date
10 July 2013
Procedural Posture
Criminal Appeal / Appeal Before Supreme Court
Outcome
Conviction confirmed, sentence set aside, matter remanded to Juvenile Justice Board for appropriate orders.
Legal Topics
Juvenility Determination, Dowry Death, Sentencing of Juveniles, Procedure for Juveniles in Conflict With Law
Criminal Law Juvenile Justice Juvenility Determination Dowry Death Sentencing of Juveniles Procedure for Juveniles in Conflict With Law

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Parties

Jitendra Singh @ Babboo Singh

Appellant

State of U.P.

Respondent

Procedural Posture

Criminal Appeal / Appeal Before Supreme Court

Legal Issues

  1. 1 Whether the appellant was a juvenile under the Juvenile Justice (Care and Protection of Children) Act, 2000 at the time of the incident
  2. 2 What is the effect of subsequent determination of juvenility on conviction and sentence
  3. 3 Appropriate punishment for a juvenile convicted for dowry death

Ratio Decidendi

Appellant was found to be a juvenile under the 2000 Act at the time of offence. The conviction stands, but the sentence is set aside and the case is remanded to the Juvenile Justice Board to determine appropriate punishment and compensation, in accordance with the 1986 Act and constitutional safeguards.

Court Disposition

Conviction confirmed, sentence set aside, matter remanded to Juvenile Justice Board for appropriate orders.

Orders

  • Sentence imposed by trial court set aside.
  • Matter remanded to Juvenile Justice Board for determining quantum of fine and compensation to the family of the deceased.