Case BriefsSupreme Court

Supreme Court: The Division Bench of Uday Umesh Lalit and Vineet Saran, JJ., dismissed an appeal with respect to the denial of appointment for the post of sub-inspector on the ground of a criminal case having been registered against respondent when he was a juvenile.

Court noted the significance of the Juvenile Justice (Care and Protection of Children) Act as follows:

“The thrust of the legislation as well i.e. The Juvenile Justice (Care and Protection of Children) Act, 2000 as well as the Juvenile Justice (Care and Protection of Children) Act, 2015 is that even if a juvenile is convicted, the same should be obliterated, so that there is no stigma with regard to any crime committed by such person as a juvenile.”

The facts of the present case are that, the respondent had cleared his process of application and interview and was thus selected and offered an appointment for the post of Sub-Inspector in Central Industrial Security Forces (CISF). Further, he was required to submit a form that contained a column relating to whether any FIR had been lodged against the respondent in the past, for which the respondent had given the details of the FIR lodged against him. Respondent had clearly mentioned in his form that he was acquitted for the same on a compromise.

Further respondent’s case was referred to the Standing Screening Committee which found his appointment to be unsuitable on the ground of a criminal case lodged in the past against him. Thus his appointment was cancelled by the National Industrial Security Academy.

Supreme Court’s Observation & Decision

Supreme Court in the present appeal noted that the complaint lodged against respondent was to the effect when he was a minor, he had teased a girl and went to the extent of catching hold of her hand. However, the girl and her parents decided to pardon the respondent resulting in his acquittal.

For the above-said, “even if it is found to be true, the Court stated that it cannot be said that the respondent committed such a crime which would be covered under the definition of moral turpitude, specially when the respondent is said to have committed the alleged offence when he was a minor.”

“Even if the allegations were found to be true, then too the respondent could not have been deprived of getting a job on the basis of such charges as the same had been committed while the respondent was juvenile.”

Further, the Court noted that, the case against the respondent is not with regard to the suppression of any conviction or charges having been framed against him. Respondent had very fairly disclosed the charges which had been framed and his acquittal.

Thus, the appeal was dismissed with a direction that the respondent shall be entitled to all the benefits of the Judgment. [Union of India v. Ramesh Bishnoi, 2019 SCC OnLine SC 1531, decided on 29-11-2019]

Case BriefsSupreme Court

Supreme Court: M.M. Shantanagoudar, J., delivered the judgment for N.V. Ramana, J. and himself, and upheld the decision of the Patna High Court answering a death reference in negative and acquitting the Respondent 1.

Respondent 1, along with co-accused, was convicted by the trial court under Sections 396 and 412 IPC. It was alleged that the accused committed dacoity in the house of the informant and his uncle, Madhukant Jha. While committing dacoity, the accused also fired a gunshot due to which Madhukant Jha died. The trial court awarded a death sentence to Respondent 1. The High Court not only answered the death reference in negative, but also acquitted Respondent 1. The matter was before the Supreme Court in appeal.

The Supreme Court perused the record and heard the parties and upheld the decision of the High Court. The Court observed, inter alia, that there was non-reporting of essential facts which were known to the informant in the FIR. Even the name of the material witness was conspicuously missing. Such non-mentioning, according to the Court, created suspicion on the hypothesis portrayed by the prosecution. It was further observed, although the FIR is not an encyclopedia of the crime, absence of certain essential facts, which were conspicuously missing in the FIR, pointed towards suspicion that the crime itself may be staged. On such and other reasons, the Court was of the view that the judgment of the High Court did not warrant any interference. Accordingly, the appeal was dismissed. [Amar Nath Jha v. Nand Kishore Singh,2018 SCC OnLine SC 786, decided on 03-08-2018]