BHIM @ SAGAR Vs. STATE

JUDGEMENT

(1.) The appellant Bhim @ Sagar has been convicted under Section 394 and 397 of the Indian Penal Code, 1860 and Sections 27 and 25 of the Arms Act, 1959 by judgment dated 9th March, 2010 in the criminal case arising out of FIR No. 206/2008, P.S. Adarsh Nagar. By order on sentence dated 22nd March, 2010, Bhim has been sentenced to rigorous imprisonment for life for offences under Sections 392/34 IPC read with Section 394 and 397 IPC. He has also been sentenced to pay fine of Rs. 50,000/- and in default of payment fine, he is to undergo simple imprisonment for one month.

(2.) Along with the grounds of appeal, the appellant had filed the present application Crl. M.A. No. 20091/2012 under Section 482 Cr. P.C., 1973 read with Juvenile Justice (Care and Protection of Children) Act, 2000 (J.J. Act for short) with a prayer that the Court may take into consideration the school certificate of the appellant (photocopy of which is enclosed) and declare that he was a juvenile on the date of commission of offence i.e. on 3rd September, 2008.

(3.) By order dated 18th December, 2012, the State was asked to verify the school certificate and to submit a report within fifteen days. The State took time to verify the school certificate. Subsequently, vide order dated 12th February, 2013, the appellant was directed to be produced before the trial court on 25th February, 2013 and that an inquiry to ascertain the age of the appellant would be conducted and completed within two months. Two months time was granted as records from outside Delhi were to be verified and checked.