LALIT SINGH Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) These two appeals are directed against the impugned judgment dated 9th September 2002 passed by the learned Additional Sessions Judge, Delhi in Sessions case No.69/1998 arising out of FIR No.210/1999 registered at Police Station (PS) Patel Nagar convicting both the Appellants under Section 302 read with Section 34 of the Indian Penal Code ("IPC") and additionally the Appellant Balbir Singh (Appellant in Crl.A.517/2003) of the offence under Section 324 read with Section 34 IPC and the order on sentence dated 27th September 2002 whereby for the offence under Section 302 read with Section 34 IPC both accused were sentenced to undergo rigorous imprisonment (RI) for life with a fine of Rs. 5,000/- and in default of payment of fine to undergo simple imprisonment for three months and for the offence under Section 324 read with Section 34 IPC to RI for 1 year each. Both sentences were directed to run concurrently.

(2.) As far as the appeal filed by Lalit Singh (Accused No.1-A-1) is concerned, it is seen that the trial Court in the order on sentence dated 27th September 2002 noticed that an inquiry had been conducted into the age of the said accused. After considering the medical evidence (ossification test) as well as the school record, the trial Court concluded that the date of birth of accused Balbir Singh (A-2) was 27th November 1978 and that of the accused Lalit Singh (A-1) was 18th March 1983. The date of the offence being 24th March 1999, the trial Court concluded that the A-2 was about 21 years of age whereas A-1 was less than 18 years at the time of commission of the offence. He was, in fact, just 16 years of age.

(3.) The trial Court, however, declined the grant the benefit of Juvenile Justice (Care and Protection of Children) Act, 2000 ("JJ Act") which defined, with effect from 1st April 2001, anyone who has not attained 18 years of age to be a juvenile. This was only because A-1 was above 18 years as on 1st April 2001 when the JJ Act came into force.