NITIN GAJANAN WAGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE Appellant herein has been convicted for the offence punishable under Section 302 of I.P.C. and has been sentenced to suffer R.I. for life and to pay fine of Rs.5000/- or in default to suffer further R.I. for 3 months. THE Appellant does not challenge his conviction. However, he has moved an application being Criminal Application No.454 of 2008 contending that he may be treated as a "Juvenile in conflict with law" under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000, hereinafter referred to as the Juvenile Justice Act.

(2.) IN the Criminal Application which has been filed by the Applicant he has annexed a copy of his birth certificate issued by the Grampanchayat, Wada, Taluka Wada, District Thane which shows his date of birth as 21st December, 1977. Similarly he has also produced the School Leaving Certificate from P.J. High School,Wada, which also shows the date of birth as 21st December, 1977. On behalf of the prosecution learned A.P.P. submits that they have verified the document and found that to be genuine.

(3.) CONSIDERING the above the Appeal and Application are disposed off with the following directions:-