Sanjay Alias Kala vs State of Haryana

Ajay Tewari, J.—This is a revision against concurrent conviction of the Petitioner u/s 366 read with Section 377 Indian Penal Code 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 thee said protective custody. Learned Counsel has relied upon Rajesh Kumar v. State of Haryana, 2011 1 RCR Cri 830 wherein, in a similar situation the remaining sentence of the person was set aside since he could 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 Vs. State of Bihar, . 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.