DARIUS MARWEIN Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The plea of juvenility of the appellant at the time of the alleged commission of the offence has been raised for the first time in this appeal.

(2.) According to the appellant, who has been convicted under Sec. 302 of the Indian Penal Code by a judgment of November 19, 2020 and sentenced to life on December 1, 2020 along with a fine of Rs.30,000.00, he was born on December 4, 1990. As a consequence, the appellant claims that he was less than 18 years old as on January 1, 2007.

(3.) It is fairly submitted on behalf of the State that such plea can be taken at any stage and the matter requires to be considered on evidence. At the suggestion of the State, the matter is remanded to the trial court only for the consideration of the issue as to whether the appellant was or was not below the age of 18 as on January 1, 2007, the date of the incident.