NAMBUTHAI Vs. INSPECTOR OF POLICE THOOTHUKUDI DISTRICT

JUDGEMENT

(1.) The petitioner's son viz., Manikandan was arrayed as 1st accused in S.C.No.243 of 2008 on the file of the Additional Sessions Court/Fast Track Court No.1, Thoothukudi. By the judgment dated 11.6.2010, the Trial Court has convicted him under Sections 148, 449, 302 r/w 34 and 506(ii) IPC (2 Counts) and he was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.250 in default, to undergo Simple Imprisonment for one month for the offence under Section 148 IPC and to undergo rigorous imprisonment for two years and to pay a fine of Rs.250, in default, to undergo Simple Imprisonment for one month for the offence under Section 449 IPC and to undergo life imprisonment and to pay a fine of Rs.500/-, in default, to undergo Simple Imprisonment for one year for the offence under Section 302 r/w 34 IPC and to undergo rigororous imprisonment for one year for each count and to pay a fine of Rs.250/- for each count, in default, to undergo Simple Imprisonment for one month for the offence under Section 506(ii) IPC (2 Counts). All the sentences are directed to run concurrently. This judgment was confirmed by this Court vide judgment dated 16.11.2010 in Criminal Appeal (MD)No.227 of 2010.

(2.) It is contended by the learned counsel for the petitioner that the offence was committed on 11.8.2005 and the date of birth of the petitioner's son is 16.12.1987 and he was only a juvenile on the date of commission of offence and hence, he is entitled to the benefit under Section 7A of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as "the Act"). In support of his contention, the learned counsel relied on the unreported decisions of this Court in Chendu Vs. The Superintendent of Central Jail, Palayamkottati and another, dated 8.7.2008 in H.C.P.(MD)No.223 of 2008, and in Chithra vs. Inspector of Police, Avaniyapuram Police station Madurai District and another dated 19.7.2010 in H.C.P.(MD)No.202 of 2010.

(3.) We have also heard the learned Additional Public Prosecutor on the above contention and paid our anxious consideration on the rival submissions made and perused the materials available on record.