Chhattisgarh High Court clarifies JJ Act, ruling that even in heinous offences, a juvenile’s maximum sentence is limited to 3 years in a place of safety.
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Chhattisgarh: The Chhattisgarh High Court has clarified the extent of punishment permissible under the Juvenile Justice (Care and Protection of Children) Act, 2015, holding that a child in conflict with law (CCL), even if tried as an adult for a heinous offence, can be sentenced only to a maximum of three years in a place of safety.
The judgment, delivered by a Division Bench of Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru on 10 September 2025, modified a 20-year rigorous imprisonment sentence imposed on a juvenile by the trial court in a POCSO and rape case.
Case Background
The case arose from an FIR lodged on 17 June 2018 by the mother of a minor girl, who alleged that her daughter had been sexually assaulted by a neighbourhood boy. Tragically, the victim, aged below 12 years, passed away six months later.
Following investigation, the Juvenile Justice Board (JJB), Ambikapur, after conducting a preliminary assessment under Section 15 JJ Act, found the juvenile fit to be tried as an adult and transferred the case to the Special Court.
The Special Court convicted the CCL under Section 376(A)(B) IPC and sentenced him to 20 years of rigorous imprisonment on 16 October 2023.
Arguments Before the High Court
Appellant:
Appellant’s Counsel argued that the prosecution’s evidence was contradictory, unreliable, and insufficient to sustain a conviction. It was further contended that, being a minor, the appellant should not have been tried before the Sessions Court.
State:
State Counsel defended the conviction, pointing to consistent testimonies, medical evidence, and the FSL report, stressing the heinous nature of the crime.
High Court’s Findings
The Court meticulously examined the evidence:
- The victim’s age was confirmed through school records and parental testimony, establishing she was under 12 years.
- Medical evidence (Dr. Snehlata Tirkey, PW-6) showed vaginal injuries caused by forceful insertion of a blunt object, consistent with sexual assault.
- FSL report confirmed the presence of semen and sperm on the victim’s vaginal slide and clothing.
- The statements of the victim’s parents, corroborated with medical and forensic evidence, were found credible and irrefutable.
Upholding the conviction, the Court held that the prosecution had proved the case beyond reasonable doubt.
Final Decision:
The central issue before the Bench was whether the 20-year sentence was legally sustainable.
Relying on Sections 15, 18, and 21 of the JJ Act, the Court ruled:
“A child who commits a heinous offence and is found fit for trial can be sentenced to a maximum period of three years in a place of safety.”
Accordingly, the Court modified the sentence, directing that since the appellant had already undergone about two years of custody, he would remain confined until completing three years, after which he would be released.
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Case Title:
Juvenile in Conflict with Law vs. State of Chhattisgarh
CRA No. 321 of 2024
Read Judgment:
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