(1.) In this appeal by special leave the aole point requiring determination is as to whether a person under 16 years of age and accused of an offence punishable under S. 302 of the Indian Penal Code can be given the benefit of the Haryana Children Act, 1974 (hereinafter referred to as 'the Act').
(2.) The appellant was convicted of murder and sentenced to imprisonment for life by the trial court. His appeal was dismissed by a division bench of the High court of Punjab and Haryana and the leave granted to him to appeal is limited to the question of the applicability of the Act to his case.
(3.) On a direction being given by this court on 9/01/1981 to the Chief Medical Officer, Hissar, the appellant was subjected to a radiological examination and thereafter it was reported to this court that he was between 16 and 17 years of age at the time of such examination. The trial of the appellant having been held before May 1979 he was obviously less than 16 years of age at the time he first appeared before the trial court and was thus a child within the meaning of that term as defined in clause (d) of S. 2 of the Act. There is no dispute on this aspect of the matter.