PONMANI Vs. STATE

JUDGEMENT

(1.) The petitioners' sons, who were convicted in the same sessions case, have taken analogous stand in claiming the benefit under the provisions of the Tamil Nadu Borstal Schools Act, 1925. The factual matrix and the law on the point being inter-mixed in these two Habeas Corpus Petitions, common arguments were heard, and thus, this Common Order is being rendered.

(2.) These Habeas Corpus Petitions have been filed finding fault with the imposition of sentences by the learned Sessions Judge in flagrant violation of the provisions of the Tamil Nadu Borstal Schools Act, 1925.

(3.) According to Mr.P.Ramasamy, learned counsel for the petitioners, at the time of committing the offence, the detenus/accused were adolescents. While sentencing them, the learned Sessions Judge ought to have taken note of the provisions of the Tamil Nadu Borstal Schools Act, 1925. So, petitioners' sons are now entitled to be released. On the contrary, the learned Sessions Judge sentenced them to life and also to varying terms of imprisonment, which was confirmed by this Court in C.A.Nos.203 and 215 of 2010, by Judgment dated 16.11.2010.