Sunday 27 March 2022

Whether habitual offender can be given of benefit of juvenility?


24. The further contention of Ld. counsel for the appellant that CCL (R) is involved into other FIRs, therefore, he is a habitual offender and cannot be given benefit of juvenility. This contention has no substance because while considering the circumstances in which the alleged offence was committed, the JJ Board has to consider the circumstances of the case in hand and not the involvement of the CCL in other cases. If the circumstances, in which the offence was committed are such that the CCL cannot be considered as an adult, therefore, his involvement in other criminal cases is quite immaterial.
25. In view of the above discussions, I do not find any infirmity or illegality in the impugned order dated 14.05.2018, passed by JJ-B II. According the order dated 14.05.2018 off JJ-B II is upheld and the appeal is dismissed"
Delhi High Court

Pradeep Kumar Vs The State Nct Of Delhi & Etc on 15 April, 2019

Read full Judgment here: Click here 

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