SURJEET SINGH Vs. STATE

JUDGEMENT

(1.) The Appeal is directed against a judgment dated 14.11.2000 and order on sentence dated 15.11.2000 whereby the Appellant was convicted for the offence punishable under Sections 376/34 of the Indian Penal Code (IPC). He was sentenced to undergo rigorous imprisonment for ten years and to pay fine of Rs. 5,000/- or in default to undergo rigorous imprisonment for one year for the offence punishable under Section 376 IPC.

(2.) At the time of hearing the Appeal a plea of juvenility was raised by the Appellant. By an order dated 05.02.2013 the Trial Court was required to conduct a fresh inquiry for determination of the age of the Appellant in view of the amended provisions of Section 7-A of the Juvenile Justice (Care and Protection of Children) Act, 2000 (Act of 2000) read with Rule 12 of the Juvenile Justice (Care and Protection of Children) Rules, 2007 (Rules of 2007). The inquiry has since been conducted and it is reported that the Appellant was aged less than 18 years on the date of the commission of the offence and was thus a juvenile.

(3.) The issue is no longer res integra that if an offence has been committed by a person who was less than 18 years of age before the Act of 2000 came into force and even if the person has attained the age of more than 18 years during the pendency of the proceedings (including the proceedings before the Appellate Court) he will be treated as a juvenile.