MAHESH Vs. STATE OF RAJASTHAN & ORS.

JUDGEMENT

(1.) Leave granted in both the Special Leave Petitions.

(2.) The accused appellants who admittedly were juveniles under the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as "Act of 2000") on the date of commission of the crime i.e. on 12th May, 2001 were tried in a regular Criminal Court and found guilty of offences punishable under Sections 323, 324, 325, 427, 455 read with Section 149 of the Indian Penal Code, 1860 ("IPC" for short). Both the accused appellants were acquitted of the offence punishable under Section 302 IPC. The conviction under Section 455 IPC resulted in a sentence of rigorous imprisonment of three years which is the maximum of the punishments imposed on the accused appellants. The said conviction and sentences have been affirmed in appeal by the High Court.

(3.) The plea of juvenility of the accused appellants was taken before this Court for the first time. Accordingly, notices were issued to the State to respond to the said claim of the accused appellants. In the reply filed by the State the age of the accused appellants, as claimed, on the date of occurrence was admitted by the State. The accused - appellants, therefore, were juveniles on the date of occurrence of the offence(s).