During the course of hearing, it was brought to the notice of the concerned Court that on 16th September, 2012, the said Krishna was convicted by the Juvenile Justice Board, Pune, for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code and he was directed to pay fine of Rs. 1,000/-. He was purportedly released on probation of good conduct. The said order was passed by the Juvenile Justice Board, Pune (for short "the Board") on the basis of plea of guilt recorded of the mother of the Juvenile. Though on the date of passing of the order, the age of the Juvenile was 27 years, his plea was not recorded. When his plea was earlier recorded, he had specifically pleaded not guilty. Therefore, by expressing a view that the order dated 16th September, 2012 passed by the Board is nullity, this Court disposed of the Writ Petition No. 3569 of 2012 by the judgment and order dated 20th December, 2012. While disposing of the Writ Petition, this Court exercised the power under Section 53 of the said Act by entertaining the suo motu revision against the order dated 16th September, 2012 passed by the Board. Accordingly, the Revision Application has been numbered and as stated above, the same has been assigned to this Court.
The case bearing STC No. 40 of 2000 is restored to the file of the Juvenile Justice Board, Pune; We make it clear that the plea of the Petitioner's mother recorded on 16th September, 2012 is bad in law and shall be ignored by the Juvenile Justice Board, Pune;
MANU/MH/0515/2013
IN THE HIGH COURT OF BOMBAY
Suo Motu Revision Application No. 1 of 2013
Decided On: 08.03.2013
High Court on its Own Motion
Vs.
State of Maharashtra & Anr.
Vs.
State of Maharashtra & Anr.
Coram:Abhay Shreeniwas Oka and A.P. Bhangale, JJ.
