IMTIYAZ HUSSAIN MUMTIYAZ SHEIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant herein has been convicted for the offence punishable under Sections 364, 302 read with Section 34 of the I.P.C. and consequently sentenced to life imprisonment as also to pay fine as set out in the order of the learned Additional Sessions Judge, Greater Mumbai in its order dated 27th June, 2003. At the outset the learned counsel submits that he is not challenging the conviction of the apthat plea, deny the benefit of the provisions to an accused. The court must hold an enquiry and return a finding regarding the age, one way or the other."

(2.) Parliament thereafter enacted, The Juvenile Justice (Care and Protection of Children) Act, 2000. The Statement of Objects and Reasons indicates that it was enacted to give effect the Convention on the Rights of a Child which was adopted by the General Assembly of the United Nations and the constitutional mandate visualized under Articles 15,39,45 and 47. In the statement of objects and reasons it was set out that the Act proposes amongst others to make the juvenile system meant for a juvenile or the child more appreciative of the developmental needs in comparison to criminal justice system as applicable to adults; to minimise the stigma and in keeping with the developmental needs of the juvenile or the child and to separate the Bill into two parts one for juveniles in conflict with law and the other for the juvenile or the child in need of care and protection; to provide for effective provisions and various alternatives for rehabilitation and social reintegration such as adoption, foster care, sponsorship and after care of abandoned, destitute, neglected and delinquent juvenile and child.

(3.) Before we go into the provisions of the Act, we may refer to the judgment of the Constitution Bench of the Supreme Court in Pratap Singh v. State of Jharkhand & Anr., 2005 AIR(SC) 2731. There were two questions before the Supreme Court for consideration, which were (a) Whether the date of occurrence will be the reckoning date of determining the age of the alleged offender as Juvenile offender or the date when he is produced in the Court/competent authority; (b) Whether the Act of 2000 will be applicable in the case a proceeding initiated under 1986 Act and pending when the Act of 2000 was enforced with effect from 1.4.2001. The questions were answered as under: