There Is No Stigma With Regard To Any Crime Committed By A Juvenile, Says SC [Read Judgment]
"Even if a juvenile is convicted, the same should be obliterated"
The Supreme Court has observed that even if a juvenile is convicted, there is no stigma with regard to any crime committed by such person as a juvenile. Ramesh Bishnoi was a minor when the charges were framed against him of offences under Sections 354, 447 and 509 of IPC. As the complainant girl and her parents did not give any evidence against him, he was acquitted. He then cleared...
The Supreme Court has observed that even if a juvenile is convicted, there is no stigma with regard to any crime committed by such person as a juvenile.
Ramesh Bishnoi was a minor when the charges were framed against him of offences under Sections 354, 447 and 509 of IPC. As the complainant girl and her parents did not give any evidence against him, he was acquitted.
He then cleared the recruitment to the post of Sub-Inspector in the Central Industrial Security Force ('CISF').The committee found him unsuitable for appointment in CISF on the ground that a criminal case had been lodged against him in the past. The High court allowed his petition challenging this finding of the committee and directed him to considered for appointment.
While considering the appeal filed by Union of India, the bench of Justice Uday Umesh Lalit and Justice Vineet Saran noted that the charges were never proved against him. It said:
Even if the allegations were found to be true, then too the respondent could not have been deprived of getting a job on the basis of such charges as the same had been committed while the respondent was juvenile. The thrust of the legislation, i.e. The Juvenile Justice (Care and Protection of Children) Act, 2000 as well as The Juvenile Justice (Care and Protection of Children) Act, 2015 is that even if a juvenile is convicted, the same should be obliterated, so that there is no stigma with regard to any crime committed by such person as a juvenile. This is with the clear object to reintegrate such juvenile back in the society as a normal person, without any stigma. Section 3 of the Juvenile Justice (Care and Protection of Children) Act, 2015 lays down guidelines for the Central Government, State Governments, the Board and other agencies while implementing the provisions of the said Act.
Referring to clause (xiv) of Section 3 of the Juvenile Justice (Care and Protection of Children) Act, 2015 , the bench said:
"Even if he had been convicted, the same could not have been held against him for getting a job, as admittedly he was a minor when the alleged offences were committed and the charges had been framed against him. Section 3(xiv) provides for the same and the exception of special circumstances does not apply to the facts of the present case.
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