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TMI Blog2005 (3) TMI 829X X X X Extracts X X X X X X X X Extracts X X X X ..... ead with Sections 34 and 120B of the Indian Penal Code, 1860(in short the 'IPC') would be given the benefits of Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as the '2000 Act') and would not be governed by the Juvenile Justice Act 1986 (in short the '1986 Act'). 3. Factual position is undisputed and is essentially as follows: A first information report was lodged on 20.11.1999 alleging commission of the aforesaid offences on 17.11.1999. Charge sheet was filed and charges were framed. After filing of the charge sheet respondent No. 2-Accused Sandeep made an application to the Court of Chief Judicial Magistrate, Bhiwani praying that he should be considered to be a juvenile ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he 2000 Act may be noticed at the outset. Section 1(3) of the said Act states that it would come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. The Central Government had issued an appropriate notification in terms whereof; 1.4.2001 has been specified as the 'appointed date' from which the provisions of the said Act will come into force. The Act, thus, is prospective in its operation. However, the 2000 Act has repealed the Act of 1986. It has obliterated the distinction between juvenile of different sex by reason whereof, a male juvenile would also be juvenile if he has not crossed the age of 18. 8. One of the basic distinctions between 1986 Act and 2000 Act relates to age ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... versity v. Palitana Sugar Mill (P) Ltd. and Ors. AIR2003SC511, ITW Signode India Ltd. v. Collector of Central Excise 2003ECR783(SC) and Ashok Leyland Ltd. v. State of Tamil Nadu and Anr, (2004)3SCC1. 11. In interpreting a provision creating a legal fiction, the Court has to ascertain for what purpose the fiction is created. (See Ex Parte, Walton, In re. Levy, (1881) 17 Ch.D.746. After ascertaining the purpose the Court has to assume all those facts and consequences which are incidental or inevitable corollaries for giving effect to the fiction. (See East End Dwelling Co. Ltd. v. Finsbury Borough Council, (1951) 2 All E.R. 587, Chief Inspector of Mines v. Karam Chand Thapar (1961)IILLJ146SC. But in so construing the fiction it is not to b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on. By reasons of Section 20 of 2000 Act no vested right in a person has been taken away, but thereby only an additional protection had been provided to a juvenile. 15. Provisions of 2000 Act would be applicable to those cases initiated and pending trial/inquiry for the offences committed under 1986 Act provided that the person had not completed 18 years of age as on 1.4.2001. In the instant case undisputedly the respondent No. 2 accused had completed 18 years of age before 1.4.2001. 16. The Constitution Bench in Pratap Singh's case (supra) has held as under: (i) In terms of the 1986 Act, the age of the offender must be reckoned from the date when the alleged offence was committed. (ii) The 2000 Act will have a limited a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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