RAJURAI BHILARAI JAISWAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Appeal is directed against the judgment and order dtd. 23/2/1994 passed by the Court of learned Additional Sessions Judge, Valsad at Navsari in Sessions Case No. 36 of 1992, wherein and whereby the Appellant has been convicted for the offence punishable under Sec. 302 of the Indian Penal Code.

(2.) The jail remarks produced on record by the learned APP as well as the the submissions advanced by the learned APP shows that the Appellant had absconded from 31/3/1998 and was apprehended by the Police on 22/9/2019. The jail remarks shows that the Appellant had undergone 9 Years 8 Months and 15 Days of incarceration. The present Appeal was dismissed since the present Appellant convict had absconded and, after he was apprehended, the Appeal is restored to its original file. It is pertinent to note that the Appellant filed Criminal Misc. Application No. 1 of 2023 seeking benefit of Juvenile Justice (Care and Protection of Children) Act 2000 and to treat him as juvenile as per the provisions of the said Act. By order dtd. 8/6/2023 this Court allowed the Application, after perusing the report, produced by the learned APP from Police Inspector, Chikli Police Station, Navsari dtd. 6/5/2023 along with all the relevant documents.

(3.) It is the case of the Appellant that at the time when the offence so alleged to have been committed by him, he was a juvenile. The report and the documents produced on record in the aforesaid mentioned Civil Application suggest that the Appellant was juvenile and the incident had occurred on 11. 1.1992.