SANJAY Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant has been convicted of offences punishable under Section 451 of Indian Penal Code (IPC), Section 376, IPC read with Section 511, IPC and Section 377, IPC, by the Additional Sessions Judge, Malegaon. The appellant has been sentenced to suffer Rigorous Imprisonment for 6 months and a fine of Rs.200/- with respect to the offence punishable under Section 451, IPC, Rigorous Imprisonment for 3 years and a fine of Rs.300/- with respect to the offences punishable under Section 376 IPC read with Section 511 IPC, and Rigorous Imprisonment for 1 year and a fine of Rs.200/- with respect to the offence punishable under Section 377, IPC. Being aggrieved by his conviction and the sentences imposed upon him, the appellant has preferred the present appeal.

(2.) During the pendency of the appeal, the appellant made an application to this court raising a claim of juvenility. According to him, on the date of the commission of the alleged offences, the appellant was a Juvenile, as contemplated under the Juvenile Justice (Care and Protection of Children) Act, 2000. Since, such a claim was raised by the appellant, this court by the order dated 2nd February, 2015, directed an inquiry to be held into the age of the appellant. The inquiry was directed to be held by the learned Additional Sessions Judge.

(3.) Accordingly, the learned Additional Sessions Judge has held an inquiry into the matter. After holding an inquiry, the learned Additional Sessions Judge has come to the conclusion that the appellant was a 'Juvenile' on 24th April 1990, i.e., the date when the offences in question allegedly took place. He has submitted his report to this court accordingly.