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Amarchand Tiwari & Ors vs State Of M P

Supreme Court Of India|26 April, 2011
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JUDGMENT / ORDER

Summary

Issue: Sentencing of juvenile offenders
Rule: Juvenile Justice (Care and Protection of Children) Act, 2000
Application: Navratri Tiwari, who was 17 years old at the time of the F.I.R., was a juvenile and should not have been tried in a criminal court along with the other accused.
Conclusion: The reduction of Vishnu Prasad's sentence to the already undergone period is a positive outcome for him. The acquittal of Navratri Tiwari is a favorable outcome for her.
1. The appellants herein have been convicted under Section 498A of the Indian Penal Code and whereas appellant No. 1, 2 and 3 had been sentenced to undergo rigorous imprisonment for one year, appellant No. 4 Vishnu Prasad, the husband, has been sentenced to undergo three years rigorous imprisonment. It is the conceded position that Amarchand Tiwari and Gayatri Devi, A1 and A3, have already undergone the one year's sentence whereas A4 has undergone two years and eight months of the sentence. We, accordingly, feel that the ends of justice would be met if the sentence of Vishnu Prasad is reduced to that already undergone by him. Insofar as appellant No. 2 Navratri Tiwari is concerned, we find that she was about 17 years of age as on the date of the F.I.R. She was, accordingly, a juvenile on that date. Being a juvenile she could not have been tried in a Criminal Court along with the other accused. In normal circumstances, we would have sent this matter back to the Juvenile Board insofar as she was concerned but in the light of the fact that many years have lapsed since the prosecution started, we find that this procedure is not required to be resorted to in the present case. In view of the above facts the trial against Navaratri Devi appellant must be held to be vitiated and her order of conviction is accordingly, set aside. She is deemed to be acquitted.
2. No further orders are necessary.
3. The appeal stands disposed of accordingly.
. J [HARJIT SINGH BEDI] . J [CHANDRAMAULI KR. PRASAD] NEW DELHI APRIL 26, 2011.
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Title

Amarchand Tiwari & Ors vs State Of M P

Court

Supreme Court Of India

JudgmentDate
26 April, 2011
Judges
  • Harjit Singh Bedi
  • Chandramauli Kr Prasad