ISHWAR SINGH Vs. STATE DELHI ADMINISTRATION

JUDGEMENT

(1.) In the sprawling locality of Gandhi Nagar there is a conclave known as Raghbarpura No.2'. On August 5,1980 its Gali No.6-Bwas a witness to the murder of one Sukh Dayal. Two persons namely, Ishwar Singh and Mangat Ram were accused of having committed the crime and were consequently charged with and tried together, for an offence under Sec.302 read with Sec.34 of the Indian Penal Code. The trial court acquitted Mangat Ram. However, Ishwar Singh proved to be not that lucky and was convicted and sentenced to imprisonment for life under Sec. 302 of the Indian Penal Code. Even his appeal to the High Court failed. Aggrieved, he filed a Special Leave Petition (Criminal). Leave was not granted. The year was 1984.

(2.) On June 9, 1992, after having already served the sentence for nearly 12 years, Ishwar Singh filed this writ petition underArticles 226 and 227of the Constitution all eging that since at the time of commission of the offence he was a "child" within the meaning of section 2(e) of the Children Act, 1960 he could not, in view of section 24 of the said Act, be charged with and tried together with a person who was not a "child" and that had he been committed to and tried by the Children Court under section 5 of the said Act,he would have been institution alized in the "Special School" undersection 10of the Act. He thus claimed that his trial and consequent conviction and sentence was without jurisdiction entitling him to an order of acquittal and that, in any case, he was entitled to pre-mature release.

(3.) The contents of the petition, I am sure, must have shocked the conscience of the Division Bench which was seized of the matter. That is why, probably, it lost no time in asking the District Judge to enquire into and report as to whether the petitioner really was a "child" within the meaning of Section 2(e) of the Act and the District Judge equally lost no time in saying "yes".