BALU BAPUSAHEB GADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned counsel appearing for the Applicant and the learned A.P.P. for the State. The present application has been filed by the original accused No.3. The Applicant alongwith four other accused were prosecuted for the offence punishable under section 376(2)(g) of the India Penal Code. The Sessions Court passed an order of acquittal. The Respondent State of Maharashtra preferred an Appeal against the acquittal. By judgment and order dated 1st July, 2004, this Court overturned the order of acquittal and convicted the accused for the offence punishable under section 376(2)(g) of the Indian Penal Code. The accused were sentenced to suffer rigorous imprisonment for seven years. Fine of Rs.2,000/ each as imposed and in default of payment of fine, the accused were directed to suffer imprisonment for one month.

(2.) By the present application, the Applicant has invoked section 7 A of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred as the said Act of 2000). On the basis of the birth certificate a copy of which is annexed to the application it is contended that the date of birth of the Appellant is 8th July, 1971. It is pointed out that the offence has been committed on 7th and 8th May, 1988 and therefore on the date of commission of offence, the Applicant was a juvenile within the meaning of clause (k) Of sub section (1) of section 2 of the said Act of 2000. By an order dated 19th December, 2008 this Court directed the Respondent State of Maharashtra to make an inquiry and to examine the birth certificate. This Court directed the Respondent State to record the statement of the officials of Gram Panchayat to verify the claim of the Applicant. Accordingly, a report dated 29th December, 2008 has been submitted by the Assistant Inspector of Police, Manchar Police Station. Various documents have been annexed to the Report. The first document is a certificate issued by the Head master of the Hutatma Babu Genu Vidyalaya, Mahalunge Padwal, Taluka Ambegon, District Pune stating that the Applicant was a bonafide students of the said school in the year 1987 88 and as per the general register maintained by the School, his date of birth is 8th July, 1971. Alongwith the report a birth certificate issued under sections 12/17 of the Registration of Births and Deaths Act, 1969 and Rules 8/13 of the Maharashtra Registration of Births and Deaths Rule, 2000 has been produced. The officer concerned has recorded statements of five witnesses. The said statements as well as the documents produced alongwith the report substantiates the case of the Applicant that his date of birth was 8th July, 1971. The report certifies the case made out by the Applicant as regards his date of birth.

(3.) Under sub section 1 of section 7 A of the said Act of 2000, this Court is under an obligation to make an enquiry so as to determine the age of the Applicant on the date of commission of the offence. In view of the documents produced by the Police Officer alongwith the report, I find that the date of birth of the Applicant is 8th July 1971 and therefore at the time of commission of offence, he was a juvenile within the meaning of clause (k) of sub section 1 of section 7 of the said Act of 2000.