VINOD ALIAS DANTLA Vs. STATE

JUDGEMENT

(1.) THE present order will dispose of the application under Section 7A of the Juvenile Justice (Care and Protection of Children) Act, 2000 (Act, for short) read with Rule 12 of the Juvenile Justice CRL.A. No. 460/2012 & Death Sentence Reference No. 1/ 2012 Page 1 of 20 (Care and Protection of Children) Rules, 2009 (Rules, for short). The application has been filed by Vinod @ Dantla, who has been convicted under Section 363, 376, 377, 302 and 201 of the Indian Penal Code, 1860 (IPC, for short). He was sentenced to death for the offence under Section 302 IPC, life imprisonment for the offence under Section 376 IPC and various periods of rigorous imprisonment for offences under Section 377, 363 IPC etc. Sentence of fine has also been imposed, including fine of Rs.50,000.00 for the offence under Section 302 IPC.

(2.) AFTER filing of the present application, vide order dated 15th May, 2012, an inquiry was directed to be conducted by the trial court, to ascertain the age of the appellant at the time of the offence. Trial court records were transmitted and it was directed that the trial court should record statement of the relevant witnesses, including appellant's relatives, and secure documentary and other evidence. It was left open to the trial court to ask for medical examination, including ossification test, to ascertain the age.

(3.) AFTER the copy of the report was received, along with the evidence and material, the same was circulated and made available to the counsel for the appellant and the State. We have also heard the learned counsel to determine and decide whether the report should be accepted, and accordingly the conviction and sentence set aside and the matter be referred to the Juvenile Justice Board for adjudication, under the Act.