KALAI SELVI Vs. STATE

JUDGEMENT

(1.) The prayer in the Habeas Corpus Petition is to direct the respondents to produce the detenu R. Munusamy, S/o. Ramachandran, Life Convict with CT No. 431/2008, detained at Central Prison, Puzhal, Thiruvallur District, before this Court and set him at liberty. Brief facts leading to filing of this petition are as follows:

(2.) Learned counsel for the petitioner submitted that the detenu was a juvenile on the date of commission of offence, namely the date of occurrence and the detenu's date of birth is 10.09.1978 and the date of occurrence was 08.06.1996. It is his contention that in this regard, this Court, by an order dated 14.03.2013, directed the trial Court to conduct an enquiry and give a report regarding the age of the detenu on the date of occurrence. Such enquiry report, dated 26.04.2013 has been submitted by the learned V Additional District and Sessions Judge, Chennai, which would clearly indicate that the detenu was a juvenile on the date of occurrence. Learned counsel further stated that the detenu has been in jail for more than 11 years and prayed that he is entitled to the benefits of the Act and hence, he requested this Court to set him at liberty forthwith. In support of his case, he relied on various decisions of this Court and the Supreme Court.

(3.) On the above submissions, we have heard Mr. A.N. Thambidurai, learned Additional Public Prosecutor appearing for the respondent. He submitted that the Act itself is a beneficial Legislation and the ratio laid down by the Supreme Court in various decisions also makes it clear that if, on the date of occurrence, a detenu was a juvenile/minor and less than 18 years of age, he is entitled to the benefits of the Act and anyone convicted thereupon, may be set at liberty forthwith. While explaining the legal position, he would further submit that the detenu can claim the benefits only when he comes under the definition of a Juvenile.