SURESH MAHADU URADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant herein has been convicted for the offence punishable under Section 302 and sentenced to suffer R.I. for life and to pay fine of Rs.500/- or in default to suffer further R.I. for one month. The Appellant does not challenge his conviction. However, he has moved an application being Criminal Application No.421 of 2008 contending that on the date of the offence he was a "Juvenile in conflict with law" and consequently as he has undergone a period of more than 3 years which is the maximum order that could have been passed under Section 15 of the the Juvenile Justice (Care and Protection of Children) Act, 2000 he should be set forth at liberty at once.

(2.) According to the Applicant his date of birth is 5th January, 1979. For that purpose he relies on the birth certificate issued by the State of Maharashtra as also the School Leaving Certificate. The learned A.P.P. has taken instructions and has got the same verified and confirms that the documents are genuine.

(3.) In the instant case the offence took place on 1st June, 1996. Considering the date of birth the Appellant/Applicant would be aged 17 years 4 months and 26 days.