ANIL KUMAR Vs. THE STATE NCT OF DELHI

JUDGEMENT

(1.) PRESENT appeal has been filed by the appellant under Section 374(2) of the Code of Criminal Procedure against the judgment dated 15.1.2005 and order on conviction dated 19.1.2005 passed by learned Additional Sessions Judge, Delhi, whereby the appellant has been sentenced to undergo Rigorous Imprisonment for seven years with fine of Rs. 1000/ -, and in default of payment of fine, two months RI for the offence punishable under Sections 392/397/34 IPC. At the time of hearing of the present appeal, counsel for the appellant had raised a plea of juvenility on the ground that on the date of the incident the appellant was 17 years old. In support of this contention, a School Leaving Certificate of the appellant had been placed on record as per which the date of birth of the appellant has been shown as 16.11.1983. The State was directed to verify the school leaving certificate. Necessary verification has been carried out.

(2.) THE Principal of Government Boys Sr. Sec. School, K -Block, Jahangir Puri, Delhi, has issued a certificate dated 6.12.2013 to the effect that the appellant was a student of class VI up to 14.08.1995 and according as per the school record his date of birth is 16.11.1983. The School Leaving Certificate was issued to the appellant on 09.01.2001. The number of School Leaving Certificate is 27 and admission number is 3909. The Principal has also certified that the particulars stand verified from the admission and withdrawal registers. In view of the verification, which has been carried out, I am of the opinion that a further inquiry in the matter would be a useless formality.

(3.) WHILE there is force in this submission made by the counsel for the appellant, the short question which would come for consideration is the procedure and nature of course to be adopted in a case where the person has not completed the maximum sentence of 03 years as prescribed under Section 15 and in the meanwhile has attained majority. In my view, two situations can arise. Firstly, is a case where a juvenile in conflict with law attains majority soon before or soon after he has been awarded a sentence in terms of Section 15 of the Juvenile Justice (Care and Protection of Children) Act. Another situation, which may arise as in the present case, is where a person has not only attained majority while serving his sentence but has also advanced in age by many years, on the date of award of sentence under Section 15 of the Juvenile Justice (Care and Protection of Children) Act.