A Bench of Justice Deepak Gupta in a judgement said that the accused will be treated as a juvenile and not as an adult and his crime will be treated as serious.The top court had to decide on a question whether an offence prescribing a maximum sentence of more than 7 years imprisonment but not providing any minimum sentence, or providing a minimum sentence of less than 7 years, can be considered to be a 'heinous offence' within the meaning of Section 2(33) of The Juvenile Justice (Care and Protection of Children) Act, 2015.In the present case, the juvenile alleged to have committed the offence punishable under Section 304 of the Indian Penal Code (IPC ) for culpable homicide not amounting to murder.The offence is punishable with a maximum punishment of imprisonment for life or up to 10 years and fine in the first part and imprisonment up to 10 years or fine, or both in the second part and no minimum sentence is prescribed.Justice Gupta said the alleged crime cannot fall under the ...
