Hemant Mittal a 38 years old man was charged for having committed offences which are punishable under Section 363, 366 and 373 of Indian Penal Code, 1860 of having forceful sex with a girl when both of them were minor. Dr.Kavita examined the victim and recorded her statement where she said that the hymen was found torn with inflammation and tenderness, which clearly suggested that there was sexual intercourse in the recent time.
When the incident took place the Juvenile Justice Act 2010 was followed as the 2015 ammendment didn’t come into being. Therefore the court held that as per clause (g) of sub-section (1) of Section 18 of the Juvenile Justice Act, the accused can, at best, be directed to be sent to the Special Home for such period not exceeding three years so that the accused can be reformed. Therefore, passing an order would be a futile attempt since, the age of the accused is 38 years and hence does ot fall within the ambit of the Juvenile Justice Act, 2015.
Therefore the Bombay High Court though convicted Hemant Mittal after 22 years of actual commission of the offence but the court didn’t impose any kind of punishment on him because when the offence was committed, he was only a minor at that time.
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