RATNADEEP Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant/appellant is prosecuted for the offence punishable under Section 302 of I.P. Code and convicted by the learned Addl. Sessions Judge, Nilanga in Sessions Case No.16 of 2011 vide judgment and order dated 9th July, 2013. The applicant/appellant filed Criminal Appeal No.290 of 2013. By order dated 21st August, 2013, the said appeal is admitted.

(2.) It is the case of the applicant that the applicant had filed Criminal Application No.4750 of 2013 under Section 7A of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short "Act of 2000"). This Court, after hearing both the parties, passed order dated 15th January, 2014 directing the Juvenile Justice Board, Latur, to initiate inquiry in respect of the age of the applicant within the four corners of the relevant Act and the Rules and conclude the same, as expeditiously as possible, as stated in Rule 12 of the said Rules.

(3.) Learned counsel appearing for the applicant/appellant invited our attention to the averments in the present application and also grounds in the Appeal memo and in particular, ground nos.8, 12 and 13. He submitted that the date of birth of the appellant is 29th December, 1992 and the date of alleged commission of the offence is 26th October, 2010 and therefore, on the date of commission of offence i.e. on 26th October, 2010, the appellant's age was 17 years 9 months and 27 days. He further submitted that in the case of Subodh Nath and anr. Vs. State of Tripura, 2013 4 SCC 122, the Hon'ble Supreme Court held that the claim of juvenility can be raised before any Court and therefore, considering the facts and circumstances of the present case, the appellant is entitled to raise the claim of juvenility before this Court. He submitted that the appellant was juvenile on the date of alleged commission of the offence and therefore, the judgment and order dated 9th July, 2013 in Sessions Case No.16 of 2011 deserves to be quashed and set aside.