MAGANJI AMARAJI CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is directed against the judgment and order dated 20.1.1997 passed by learned Sessions Judge, Sabarkantha at Himatnagar in Sessions Case No.70 of 1996 against the appellant accused for the offence punishable under Section 376 of IPC whereby the appellant accused was convicted and sentenced to undergo seven years rigorous imprisonment and to pay fine of Rs.3000/-, in default, to undergo further six months rigorous imprisonment.

(2.) In pursuance of the order passed by this Court dated 16.1.2008 in Criminal Misc. Application No.483 of 2008, the matter was remanded to the trial Court for the purpose of determining the age of the appellant (original accused). Pursuant to the aforesaid order, learned Sessions Judge, Sabarkantha initiated the inquiry for determining the age of the present appellant accused and as per the report of learned Principal District Judge, Sabarkantha, the birth date of the present appellant is 1.6.1979. The alleged incident took place on 26.3.1996 and, therefore, on the date of the incident, the present appellant was below 18 years and hence, he is entitled to get the benefit of the provisions of Sections 2(I) and 20 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred as "the Act" for short).

(3.) Reliance is placed by learned advocate Mr.H.D.Chudasama for the appellant on the judgment of this Court in the case of Gaurav Pradip Verma Vs. State of Gujarat, reported in 2008(1) GLH 724 as well as on the judgment of this Court in Criminal Appeal No.2549 of 2005 dated 14.9.2009 and submitted that the present appellant is entitled to get the benefit of Sections 2(I) and 20 of the Act.