(1.) This appeal is directed against the impugned judgment of the High court dated 17/5/2002, whereby the criminal appeal filed by the appellant challenging his conviction and sentence under Section 302 Indian Penal Code has been dismissed. The appellant was convicted for the offence under Section 302 indian Penal Code for murder of one Chandeshwar Prasad in terms of the judgment of the court of Session, Muzaffarpur dated 3/10/1996. By order dated 4/10/1996, life imprisonment was imposed on him. Other minor punishments under the provisions of the Arms Act were also imposed on him for the offences for which too he had been found guilty.
(2.) Mr A. Sharan, learned Senior Counsel appearing for the appellant, rightly did not challenge the conviction of the appellant for the offences aforenoted. Learned counsel, however, submits that the appellant is entitled to the benefit of the Juvenile Justice (Care and Protection of Children) Act, 2000 since he was a juvenile both on the date of the occurrence and the date of his production before the court since both the dates in the present case were the same, namely, 10/3/1995. Section 2 (k) of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short "the Act") provides that "juvenile" or "child" means a person who has not completed eighteenth year of age. The fact that on the date in question, the appellant had not completed 18 years of age cannot be doubted as the aspect of age stands fully established on the record. As per the report of the Medical Board, placed as annexure A to the appeal, the appellant was between the age of 17 and 18 years on the date of the report, namely, 28/6/1995. Even the order of sentence records the age of the appellant as 17 years.
(3.) Section 16 of the Act, inter alia, provides that no juvenile shall be sentenced to death or life imprisonment, or committed to prison in default of payment of fine or in default of furnishing security. A juvenile, under the provisions of the Act, can be referred to the Juvenile Board for such orders to be passed by the Board as it thinks fit in terms of Section 15 of the Act. Section 20 provides for special provision in respect of pending cases. It provides that notwithstanding anything containing in the Act, all proceedings in respect of a juvenile pending in any court in any area on the date on which the Act came into force in that area shall be continued in that court as if the act had not been passed and if the court finds that the juvenile has committed an offence, it shall record such finding and instead of passing any sentence in respect of the juvenile, forward the juvenile to the Board which shall pass orders in respect of that juvenile in accordance with the provisions of the Act as if it had been satisfied on inquiry under this Act that a juvenile has committed the offence. The Act came into force on 1/4/2001. Therefore, when the High Court decided the criminal appeal filed by the appellant, the act had already been in force and the appellant was entitled to the benefit thereof.