D SRINIVASAN Vs. SECRETARY HOME PRISONS GOVERNMENT

JUDGEMENT

(1.) THE father of the detenu " Ramajeyam, who has been lodged in the Central Prison, Madurai has filed this Habeas Corpus Petition on the ground that the detenu is entitled to the protection of THE Juvenile Justice (Care and Protection of Children) Act, 2000 and therefore, the detention in prison is illegal.

(2.) THE brief facts of the matter are as follows:- THE detenu was taken into judicial custody for the offences under Sections 147, 302 read with Section 34 I.P.C and lodged in prison along with four other adult accused. He was tried by the First Additional Sessions Judge, Madurai in S.C.No.104 of 1991 on 09.10.1991 and convicted for the offence under Section 302 I.P.C and sentenced to life imprisonment and also convicted under Section 147 I.P.C and sentenced to undergo imprisonment for one year. Against this, the detenu along with other accused preferred a Criminal Appeal in C.A.No.762 of 1991 before this Court and the same was dismissed on 21.12.2000.

(3.) THE Juvenile Justice (Care and Protection of Children) Act, 2000 came into force on 01.04.2001. As per the 2000 Act, the definition of