P MOHAN Vs. STATE

JUDGEMENT

(1.) IN this case, the conviction of the accused Jayaraman who is now convict No.54704 took place on 29.7.1977 in Sessions Case No.4577 on the file of the Sessions Judge, Madurai. Though sentence of death was awarded, on appeal it was reduced to imprisonment for life in C.A.No.550 of 1977 and in R.T.No.1477 dated 15.11.1977 by this Court. Since then, he had been confined to prison. Originally, the learned Sessions Judge recommended the case of the convict to State Government for considering his detention in the Borstal School. Thereafter, since the age of the convict was less than 20 years at the time of conviction, he was ordered to be detained in the Dormitory Block of the Borstal School, Pudukottai by the Director General of Prisons to segregate him from hardened adult criminals in the Central Prison. After the attainment of 23 years, he was transferred by the Director General of Prisons to the Central Prison Coimbatore by virtue of the powers vested in him under Sec.10 of the Tamil Nadu Borstals Act, 1925 in accordance with the relevant Government Orders. It is under these circumstances the prayer is made for the release of the convict. The basis for this prayer is the decision reported in Elumalai v. State of Tamil Nadu, A.I.R. 1985 S.C. 118. The learned Public Prosecutor would urge that this is not a case to which Sec.10-A of the Tamil Nadu Borstal School Act would apply. As a matter of fact, the Director General of Prisons has exercised his power under Sec.10 of the said Act. Hence the decision relied on by the learned counsel for the petitioner has no application to the facts of this case. On a careful consideration of the above arguments, we are of the view that the decision of the Supreme Court reported in Elumalai v. State of Tamil Nadu, A.I.R. 1985 S.C. 118, fully supports the petitioner. The head note in that case reads as follows: