FIROJ Vs. STATE

JUDGEMENT

(1.) PRESENT appeal has been filed by the appellant, Firoj, under Section 374(2) of the Code of Criminal Procedure and is directed against the judgment dated 16.3.2012 and order on sentence dated 20.03.2012 by which the petitioner has been sentenced to rigorous imprisonment for life and fine of Rs.10,000/- for the offence punishable under Sections 364A/34 IPC and in default of payment of fine, to undergo one year simple imprisonment. It was also directed that the period already undergone by the appellant during the trial of the case would be set off under Section 428 Cr.P.C.

(2.) ON 28.05.2013, a Division Bench of this Court while hearing the present appeal passed the following order:

(3.) MS . Richa Kapoor, learned APP for the State submits that although the report is not in dispute, the same cannot be a taken as an authentic proof of age as it is difficult to ascertain the exact age in case a person is above 24 years. Thus, a further inquiry should have been initiated and statements of the parents of the appellant and also copy of the Ration Card and Election Card should have been taken into consideration to determine the appellant's age.