JAGDEEP GUPTA Vs. STATE OF DELHI

JUDGEMENT

(1.) NONE is present on behalf of the appellant. Ms. Diya Kapoor, Advocate, who is present in Court, is appointed as an Amicus Curiae in the matter. The matter was passed over once to enable the Amicus Curiae to go through the file. At the second call, Ms. Diya Kapoor, learned Amicus Curiae submits that during the pendency of this appeal an application [Crl. M. No. 6934/2004] was filed by the appellant to bring on record the birth certificate of the appellant and to show that the appellant was minor on the date of commission of the offence. Counsel further submits that by an order dated 15.3.2005 the said application was allowed and the appellant was permitted to take the ground with regard to appellant being covered under the Juvenile Justice Act, 1986 being less than 16 years. Counsel further submits that the original birth certificate placed on record shows the date of birth of the appellant to be 02.11.1980 and in view thereof the appellant would have been 15 years of age on the date of commission of the offence.

(2.) MS . Kapoor, has relied on an order passed by this court in the case of Akram Vs. State (GNCT of Delhi) [Crl. A. No. 1398/2010 decided on 9.7.2013] in support of her submission that in view of the fact that the appellant has been in custody for more than 6 years, he is liable to be released.

(3.) WE have heard counsel for the parties. Paragraphs 4, 6 to 14 of the judgment passed in Akram (Supra) are reproduced below: