MUKESH Vs. STATE OF DELHI

JUDGEMENT

(1.) This appeal is directed against the judgment dated 01.09.1997 delivered by the learned Additional Sessions Judge, Shahdara, Delhi, in Sessions Case No. 54/96 arising out of FIR No.108/89, under Section 302/34 IPC, registered at Police Station Seelampur. By virtue of the impugned judgment, the present appellant was found guilty of the offence punishable under Section 302/34 IPC. By the order on sentence dated 02.09.1997, the appellant was sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 1000/- and in default of payment of fine, he was to further undergo rigorous imprisonment for one month.

(2.) During the pendency of the appeal, at the time when the matter was taken up for final hearing, Mr Bhambhani, the learned counsel appearing on behalf of the appellant drew our attention to the statement made by the appellant under Section 313 Cr.P.C which was recorded on 20.03.1997 wherein the age of the appellant was recorded as 25 years. Similarly, Mr Bhambhani, also drew our attention to the impugned order on sentence where, again, the age of the appellant has been described as " young man of 25 years of age". We enquired from the learned counsel for the appellant as to what was the age given in the arrest memo and thereupon we found that the arrest memo does not mention the age of the appellant at the time of the arrest.

(3.) In this backdrop, as noticed in our order dated 08.08.2011, it was submitted by Mr Bhambhani that in all likelihood, the appellant would be a juvenile within the meaning of Section 2(k) of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as the said Act) on the date of the incident. He requested for some time to produce documentary evidence in support of the plea of the appellant s juvenility.