Crl. Revision No. 19 of 2005 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Revision No. 19 of 2005 Date of Decision: 10.03.2011 Sanjay alias Kala ...... Petitioner Versus The State of Haryana ..,.. Respondent Coram: Hon'ble Mr. Justice Ajay Tewari Present: Mr. B.S.Saroha, Advocate for the petitioner. Ms. Shalini Attri, DAG, Haryana. **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? Ajay Tewari, J. This is a revision against concurrent conviction of the petitioner under Section 366 read with Section 377 IPC in case bearing FIR No. 310 dated 07.10.94 pertaining to Police Station City Bahadurgarh. Since the petitioner was a juvenile at the time of the commission of crime, he was sentenced to be kept in protective custody for a period of 3 years. Learned counsel has stated that he is not arguing the case on merits but the fact is that by order dated 25.04.2005 the petitioner was released on bail after he had undergone 7 months and 17 days of the said protective custody. Learned counsel has relied upon Rajesh Kumar vs. State of Haryana 2011(1) RCR(Criminal) 830 wherein, in a similar situation the remaining sentence of the person was set aside since he could Crl. Revision No. 19 of 2005 2 neither be sent to remand home nor to jail. In that judgment reliance was placed on Pradeep Kumar v. State of U.P., 1994 AIR (SC) 104 and Babban Rai and another v State of Bihar, 2008 Cri.L.J. 1038. Learned DAG has not been able to distinguish this case. Consequently this petition is disposed of with a direction that even while maintaining conviction of the petitioner his sentence is reduced to that he has already undergone. (AJAY TEWARI) JUDGE March 10, 2011 sunita