MARIAMMAL Vs. STATE

JUDGEMENT

(1.) Invoking the writ jurisdiction of this Court, one Mariammal, the mother of the convict in S.C.No.51/2002 whereby he was found guilty on the charge of murder under Sec.302 of IPC and awarded life imprisonment along with fine and default sentence by a judgment dated 14.10.2003, has brought forth this petition stating that her son, the detenu, was born on 26.1.1983; that on the date of occurrence i.e., 23.11.2000, he was aged 17 years, 8 months and 27 days; that he was below 18 years and thus, he was a juvenile; that under the circumstances, he should be given the benefit under Sec.7A of Juvenile Justice (Care and Protection of Children) Act, and hence he has got to be set at liberty.

(2.) Heard the learned Counsel for the petitioner and also the learned Additional Public Prosecutor for the State.

(3.) At the time when this petition was filed before the Court, the Court thought it fit to call for a report from the Principal Sessions Judge, Tirunelveli, as to the age of the detenu. Accordingly, the Principal Sessions Judge pursuant to the orders of the Court, made an enquiry and after examining the witnesses and recording their evidence, has given a report to the effect that the date of birth of the detenu was 26.1.1983, and he was actually aged 17 years, 8 months and 27 days on the date of commission of the offence. Thus, the report has got to be acted upon. It could also be seen that he has not completed 18 years and was a juvenile on the date of occurrence. It is further to be pointed out that he is entitled for the benefit under Sec.7A of the Juvenile Justice (Care and Protection of Children) Act.