ARVINDKUMAR BHAIYALAL SAHU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this Petition filed under Article 226 of the Constitution of India, the petitioner prays to issue appropriate writ in the nature of Habeas Corpus directing the respondents to release the petitioner forthwith. It is further prayed that pending the hearing and final disposal of the Petition, this Court may issue appropriate writ, order or direction directing an inquiry to be held under the Juvenile Justice Act, 2000 for verifying the claim of juvenility raised by the petitioner.

(2.) By judgment and order dated 04/05/2010 rendered by learned Additional Sessions Judge, the petitioner was convicted for the ofence punishable under section 302 of IPC and sentenced to sufer imprisonment for life. Criminal Appeal filed in this Court against the said judgment and conviction came to be dismissed on 30/06/2015. Even the Special Leave Petition (Criminal ) No. 1800 of 2016 filed before the Hon'ble Supreme Court came to be dismissed on 08/02/2016.

(3.) The petitioner is in custody since 07/10/2009 and has undergone 10 years of actual imprisonment. The petitioner visited his native place when the petitioner was released in the year 2017 on parole leave. The petitioner came across certain materials which indicated that he was below the age of 18 years at the time of commission of the said ofence. The petitioner realised that he was born on 07/07/1992 and hence on the date of commission of crime i.e. on 06/10/2009, the petitioner was 17 years old. The petitioner's father obtained copy of the school register and transfer certificate of Late R.P.J.High School where the petitioner completed his school education. On 21/11/2019, the Section Education Ofcer, Allahabad issued a certified copy of the said school register and transfer certificate to the petitioner where his date of birth is mentioned as 07/07/1992. Even on the mark-sheet of the year 2005-2006, the date of birth is mentioned as 07/07/1992. The petitioner also relied upon the family register obtained from the ofce of the Development Ofcer, Gram Panchayat, Village Chhathara, Tarahar, Gharehata, Post Lalapur, Allahabad which shows that birth year of the petitioner as 1992. The afdavit of the petitioner's father duly afrmed is relied upon to demonstrate that the petitioner was born on 07/07/1992. The petitioner relied upon several afdavits in support of his case.