TOK TADE Vs. NABAM AMAS

JUDGEMENT

(1.) LEAVE granted.

(2.) THIS appeal is directed against the judgment and order passed by the High Court of Gauhati in Criminal Appeal No.3 (AP) of 2009, dated 03.05.2010. By the impugned judgment and order, the High Court has affirmed the judgment and order passed by the Trial Court, in Sessions Case No. 490 of 2006, by convicting the first respondent - herein (R -1) under Sections 302, 376 and 201 of the Indian Penal Code, 1860 (the "IPC " for short). However, taking into consideration the plea of the learned Counsel for the R -1, as to the juvenility of R -1 on the date of the commission of the offence, i.e., 06.09.2005, the High Court, while sustaining the conviction passed by the Trial Court, has granted R -1 the benefits under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000 (the "Act " for short). The High Court vide the impugned judgment and order has restricted the sentence awarded by the Court below to the period of imprisonment already undergone by R -1.

(3.) THE learned Counsel appearing for the appellant brings to our notice that he had approached the competent authority, i.e., the Public Information Officer, O/o. Deputy Commissioner, Papum Pare District, Yupia, Arunachal Pradesh. The concerned authority has furnished the required information. The learned Counsel for the Appellant has placed reliance on the information so obtained under the Right to Information Act, 2005 and submits that the date of birth of R - 1 is infact 05.02.1988 and not 05.04.1991, as claimed by R -1 before the High Court. The alleged claims by R -1 were based on the date of birth mentioned in the School Transfer Certificate, the date of birth as on the admission register and the medical report furnished vide their letter dated 28.03.2010.