SUNIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith and heard finally with the consent of Shri Jaiswal, learned Counsel for the Petitioner and Mrs. Maldhure, learned Additional Public Prosecutor for the Respondents.

(2.) By the judgment and order dated 08.11.1994, the Petitioner was convicted in a case under Section 302 read with Section 34 of Indian Penal Code. The appeal preferred by him against the said judgment and order of conviction came to be dismissed by order of this Court dated 06.06.2001. Thereafter the Petitioner preferred a Special Leave Petition which was also dismissed by the Supreme Court. The case of the Petitioner is that his date of birth is 20th March 1975 and the incident in question took place on 06th December 1992, hence, on the date of incident, as he was below 18 years of age, he has prayed that he be given the benefit of Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as the Act).

(3.) The learned Counsel for the Petitioner has placed reliance on Section 7A of the Act, which reads as under: