DEEPAK @ SHASHI Vs. STATE OF C G

JUDGEMENT

(1.) These appeals are directed against the judgment dated 09.10.2009 passed in Sessions Trial No. 125 of 2008 by the Sessions Judge. Rajnandgaon (C.G.). By the impugned judgment, the appellants have been convicted and sentenced in the following manner with a direction to run the sentences concurrently:--

(2.) During the pendency of these appeals, IA-1 was filed by the appellant in Criminal Appeal-861/09 under Section 7A of the Juvenile Justice (Care and Protection of Children) Act, 2000 claiming that appellant Deepak @ Shashi (A-1) was a juvenile on the date of the incident. This Court had directed for an enquiry regarding the age of Deepak @ Shashi (A-1) on the date of the incident. The enquiry was conducted by Sessions Judge, Rajnandgaon and a report was submitted on 09.04.2014. According to the said report, the age of Deepak @ Shashi (A-1) was 18 years, one month and two days on the date of incident i.e. 01.08.2008.

(3.) Learned counsel for the parties have not disputed the above report before us, therefore, the point relating to juvenality of Deepak @ Shashi (A-1) stands concluded and no benefit can be extended on that account and cases of the appellants are to be scrutinised on merits.