Joshi was prosecuted under sections 465 (punishment for forgery), 468 (forging documents with a view to cheat) and 420 (cheating) of the Indian Penal Code, alleging that he had submitted fake documents to secure admission in a Borivali college.
A 32-year-old Malad resident, Sharad Joshi, who was arrested for submitting fake documents to secure admission in college in 2000, will now be tried before the Juvenile Justice Board, directed the Bombay High Court.
A division bench of justices Abhay Oka and Amjad Sayed, while highlighting a recent Supreme Court judgment which states that any person who at the time of committing an offence was below the age of 18 years should be tried before the Juvenile Justice Board, refused to quash proceedings as sought by Joshi, but remanded his case to the board.
Joshi was prosecuted under sections 465 (punishment for forgery), 468 (forging documents with a view to cheat) and 420 (cheating) of the Indian Penal Code, alleging that he had submitted fake documents to secure admission in a Borivali college.
After initial investigation, police registered a case against Joshi on February 2, 2000 and filed their chargesheet. The case has since been pending with Borivali Metropolitan magistrate court.
Joshi approached the court seeking quashing of the proceedings, terming it 'illegal and arbitrary'. The accused argued that he was born on June 15 1983 and was 17 when he was detained for the crime.
It was also argued that at the time the offence was registered , the Juvenile Justice Act of 1986 defined a minor as anyone below the age of 16 years. However, the recent Supreme Court judgment defines a minor as a person below the age of 18 years.
The Bombay High Court, after reviewing the apex court judgment and relevant arguments made by Joshi, referred the matter to the Juvenile Justice Board and asked the board to take appropriate
correctional measures.
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