SAHEB SOPAN KALE Vs. STATE OF MAHARASTRA

JUDGEMENT

(1.) Heard. By the present application, the applicant is seeking to recall the sentence imposed on him in Criminal Appeal No. 888 of 2004 by the order dated 11th October 2004, on the ground that he was Juvenile in conflict with law, on the date of the offence, and therefore, considering the provisions of law, comprised under the Juvenile Justice (Care and Protection of Children) Act, 2000, read with

(2.) Since the application was received through Jail and the applicant was not represented by the advocate, Miss. Rebecca Gonsalves advocate was appointed as amicus curie in the matter. We have heard the learned advocate as well as the learned APP for the respondent in the matter. We have also perused the records including those of Criminal Appeal No. 888 of 2004.

(3.) It is sought to be contended that since the applicant was born on 5th March, 1981, which fact is abundantly proved by the inquiry conducted with the help of the police authorities, as also found from the school records of the applicant and further corroborated by the medical evidence, it cannot be disputed that the applicant was below 17 years of age on the date of the offence i.e. on 15.5.1997. Drawing our attention to Sections 2(1), 7A, 15 and 20 of the Juvenile Act, and relying upon the decision of the Division Bench of this Court in Umesh Dukhan Mandal v. State or Maharashtra, 2004 AllMR(Cri) 2137 the learned advocate submitted that applicant is entitled for necessary benefits under the Juvenile Act. He has been in detention for more than ten years since he was arrested and has been in jail since 24th May, 1997. She has further submitted that the sentence imposed under order and judgment dated 11th October 2004 in Criminal Appeal No. 888 of 2004 should be recalled and as no purpose would be served by directing at this stage to produce the applicant before the Board constituted under the Juvenile Act, he should be ordered to be released forthwith.