SAT PAL ALIAS RAJU Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment dated 7th February, 2003 passed by the learned Additional Sessions Judge, Karkardooma Courts, Delhi in Sessions Case No. 29/01 arising out of FIR No. 563/1996 registered at Police Station (PS) Bhajanpura, Delhi convicting the Appellant for the offence under Sections 392/34, 302/34 and 411 of the Indian Penal Code ("IPC") and the order on sentence dated 11th February, 2003 whereby for the offence under Section 302/34 IPC, the Appellant was sentenced to rigorous imprisonment ("RI") for life along with a fine of Rs. 1,000/-, and in default of payment of fine to undergo RI for six months; for the offence under Section 392/34 IPC to undergo RI for seven years along with a fine of Rs. 500/-, and in default of payment to undergo RI for three months; and for the offence under Section 411 IPC, to undergo RI for two years. All the sentences were directed to run concurrently.

(2.) At the outset, it requires to be noticed that the Appellant Satpal (Accused No.1:A-1) was charged with the aforementioned offences along with three co-accused (A-2 to A-4), who were, however, held to be juvenile i.e. below 16 years of age on the date of the commission of the offence and, therefore, their trial was separated and proceeded separately before the Juvenile Justice Board ("JJB"). It was the Appellant alone, therefore, who faced trial before the learned ASJ in the aforementioned Sessions Case No.29/01.

(3.) The relevant date for determination of juvenility was the date of the offence which was 24th September, 1996. To begin with, it appears that the cases of all the accused were before the JJB and the matter before the trial Court kept getting adjourned awaiting the report of the JJB.