SANJEEV ALIAS VISHAL Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) By way of this application, the appellant Sanjeev @ Vishal, who is confined in Central Jail No. 2, Tihar, New Delhi and who has been produced before us by virtue of production warrant, claims the benefit of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as 'the said Act'). It is also prayed that the sentence dated 09.09.2009 passed by the learned Additional Sessions Judge be quashed and the appellant be released as he was a juvenile at the time of the commission of the offence.

(2.) The date of the offence in the present case is 16.04.2000. The appellant's date of birth is said to be less than 18 years of age on the date of the incident. If this is correct, he would be entitled to the benefit of the said Act particularly in view of the provisions of Section 7A read with Section 20 thereof. In order to ascertain as to whether the appellant was actually a juvenile on the date of the commission of the offence, a status report was sought from the respondent/ State. The same was submitted and it is on record that the school leaving certificate of the appellant was verified from the Government Sarvodaya Bal Vidyalaya, K-Block, Mangolpuri, Delhi. The Principal of the school issued a certificate dated 01.02.2010, according to which the date of birth of the appellant, as per the school record, was 26.04.1982. The school leaving certificate was issued on 08.01.2001. It is, therefore, apparent that the appellant was a juvenile on the date of the offence, being less than 18 years of age.

(3.) The learned Counsel for the appellant, on instructions from the appellant, who is present in Court, submitted that the appellant admits the finding recorded by the learned Additional Sessions Judge that he had committed the offence. He consequently, does not press this appeal on merits insofar as the findings are concerned but presses for the benefit to be extended to him as per the said Act.