SANDEEP KISAN WAGHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD both sides.

(2.) THE case of the applicant is that he was juvenile in conflict with law at the time of incident. The incident has taken place on 3/5/2005. The claim of the applicant is that he was 17 years old at the time of incident, hence, he should be given benefit of the Juvenile Justice (Care and Protection of Children) Act, 2000. Pursuant to the stand taken by the applicant, directions were issued to the sessions court, Thane, to allow the parties to adduce evidence and to record findings. The sessions court has inquired into the matter and forwarded the finding that the applicant was not a juvenile at the time of incident and consequently he is not entitled to get benefit of juvenility.

(3.) IT is further pertinent to note that the father of the applicant has stated that he had admitted the applicant in Zillah Parishad School, Taklipada, Taluka Wada, District Thane. AW 3 Vanita, who is the mother of the applicant has stated that the applicant has studied upto 2nd or 3rd standard. The entry regarding the date of birth of the applicant was taken by the school teacher as stated by the father AW 2 of the applicant.