Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (SJ) No.295 of 1997 =========================================================== AGAINST THE JUDGMENT OF CONVICTION AND ORDER OF SENTENCE DATED 1.9.1997, PASSED BY THE 1ST ADDITIONAL SESSIONS JUDGE, DARBHANGA, IN SESSIONS TRIAL NO. 241/95. =========================================================== Vikash Kumar Sah, son of Ravindra Prasad, Resident of village Raghopur, P.S. Manigachhi, District Darbhanga. .... .... Appellant Versus The State of Bihar .... .... Respondent =========================================================== Appearance : For the Appellant : Mr. Suresh Prasad Singh, Amicus Curiae For the State : Mr. Sujit Kumar Singh, A.P.P. =========================================================== CORAM: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN ORAL JUDGMENT Date: 08-08-2012 S.A. Khan, J. This appeal was admitted on 10.11.1997. The petitioner was not granted bail at the time of admission. Later on 18.11.1998, the petitioner was granted bail on the ground that he had remained in custody for 3½ years. The present appeal came under the heading „For Hearing‟ on 2.9.2011. While hearing the matter, the Amicus Curiae pointed out that in the statement under Section 313 of the Code of Criminal Procedure, the appellant had disclosed his age as 19 years. However, the Court had assessed the age as 19 years on 9th of July, 1997 whereas the date of occurrence is 18th of June, 1995. A Bench of this Court, therefore, referred the matter to the Juvenile Justice Board to record the evidence of juvenility of the appellant after issuing notice to both the parties and if it found that the appellant was Patna High Court CR. APP (SJ) No.295 of 1997 dt.08-08-2012 2 / 4 2 a juvenile this Court directed that the matter should proceed in accordance with the Juvenile Justice Act. The Court also directed that the report be sent to the High Court. 2. The report of the Juvenile Justice Board, Darbhanga has been received in this Court. It would appear from the report that the appellant was adjudged to be 15 years, 5 months and 3 days old at the time of occurrence. The Board has sent a report to the Court and has stated that the records of the case are with the High Court and, therefore, it cannot proceed further in the matter. 3. Since this appeal had been admitted by the High Court, it would proper for this Court to dispose it of after taking into consideration the age of the appellant, namely, Vikash Kumar Sah. 4. By the judgment dated 1.9.1997, passed by the 1st Additional Sessions Judge, Darbhanga, the appellant was convicted under [STATUTE] to undergo R.I. for 10 years. 5. The prosecution case as stated in the Fardbeyan of Bharat Mandal is that on 18.6.1995 at about 5.30 P.M. Sarita Kumari who is the niece of the informant went to the shop of the accused Vikash Kumar Sah who was aged about 18 years to purchase some sugar for domestic purposes. It is alleged that the appellant raped her. The girl returned to her house in a distress state of mind. The Patna High Court CR. APP (SJ) No.295 of 1997 dt.08-08-2012 3 / 4 3 informant noticed that she was bleeding and that she had certain injuries on her cheek and left eye-brow. From the doctor‟s report (P.W. 1) it would appear that the child had been raped and the doctor had found certain injuries on her person. 6. This Court is not considering the evidence in detail in view of the provision of Section 15 of the Juvenile Justice (Care & Protection) Act, 2000. Section 15 reads as follows: “15. Order that may be passed regarding juvenile:- (1) Where a Board is satisfied on inquiry that a juvenile has committed an offence, then, notwithstanding anything to the contrary contained in any other law for the time being in force, the Board may, if it so thinks fit,- (a) xx xx xx (b) xx xx xx (c) xx xx xx (d) xx xx xx (e) direct the juvenile to be released on probation of good conduct and placed under the care of any parent, guardian or other fit person, on such parent, guardian or other fit person executing a bond, with or without surety, as the Board may require, for the good behaviour and well-being of the juvenile for any period not exceeding three years; Patna High Court CR. APP (SJ) No.295 of 1997 dt.08-08-2012 4 / 4 4 (f) direct the juvenile to be released on probation of good conduct and placed under the care of any fit institution for the good behaviour and well-being of the juvenile for any period not exceeding three years; (g) make an order directing the juvenile to be sent to a special home for a period of three years: Provided that the Board may, if it is satisfied that having regard to the nature of the offence and the circumstances of the case, it is expedient to do, for reasons to be recorded, reduce the period of stay to such period as it thinks fit.” 7. In view of the provisions of Section 15(e), the appellant has been declared juvenile and has completed more than 3 years in jail custody and, therefore, he would not liable for any further punishment. Considering this aspect of the matter, this Court disposes of this appeal by holding that the appellant has already been in custody for three years, although the Court could have only released the juvenile on a bond, for maintaining good behaviour for a period not exceeding three years. 8. This appeal is accordingly, disposed of. Sanjay/- (Sheema Ali Khan, J.)

Applicable IPC Section: 376

Statute Text:
Section 376 of the Indian Penal Code. Rape. Whoever, commits an offence punishable under sub-section (1) or sub-section (2) of section 376 and in the course of such commission inflicts an injury which causes the death of the woman or causes the woman to be in a persistent vegetative state, shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, or with death.