PREM KUMAR Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment dated 20.05.1998 passed by the learned Additional Sessions Judge, Delhi in sessions case No. 123/1996 arising out of FIR No.261/1994 under Section 302 IPC registered at P.S. Pahar Ganj. The appellant has been convicted for the offence punishable under Section 302 IPC and by virtue of the order on sentence dated 21.05.1998 passed by the learned Additional Sessions Judge, he has been sentenced to undergo imprisonment for life and to pay a fine of Rs. 1000/- and in default of payment of fine to further undergo simple imprisonment for three months. The appeal is also directed against the said order on sentence.

(2.) During the pendency of the present appeal, the appellant Prem Kumar had moved an application being Crl.M.A. 119/1999 claiming that he was a juvenile on the date of the incident i.e., 22.05.1994. Consequently, the appellant prayed that he be treated as a juvenile and be dealt with under the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as the said Act). While disposing of the said application, a Division Bench of this Court, by virtue of its order dated 04.05.2011, directed the Additional Sessions Judge to conduct an inquiry with regard to the age of the appellant and also directed that a report be submitted. The report of the learned Additional Sessions Judge has been received which is dated 01.10.2011. As per the said report/order, the appellant has been found to be of the age of 17 years 3 months and 17 days on the date of the incident.

(3.) There is no contest with regard to this determination by the learned Additional Sessions Judge. As such, the appellant would have to be treated as a juvenile within the meaning of Section 2(k) of the said Act.