R. KRISHNA Vs. GOVT. OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner is the father of one R.Manoj Kumar who is undergoing life imprisonment in the Central Prison, Cherlapalli, R.R. District.

(2.) This writ petition is filed seeking a Mandamus declaring the action of the State Government in declining to transfer the son of the petitioner from Central Prison, Cherlapalli to a Borstal School as arbitrary and illegal.

(3.) It is not in dispute that the son of the petitioner R. Manoj Kumar was convicted by the Court of V-Additional Metropolitan Sessions Judge, Mahila Court, Hyderabad in Sessions Case No.395 of 1999 by Judgment dated 14-9-2001 for the offence under Sec. 302 of I.P.C. and was sentenced to undergo rigorous imprisonment for life. It is also not in dispute that the son of the petitioner was born on 1-7-1981 and thus he was below 21 years of age at the time of conviction. The learned Sessions Judge while convicting the accused, though took note of the said aspect, held that since the accused was sentenced to life imprisonment under Sec. 302 of I.P.C., Sec. 8 of the A.P. Borstal Schools Act, 1925 has no application and therefore even though he is an adolescent offender, he cannot be sent to a Borstal School. Aggrieved by the same, the petitioner filed W.P.No.22663 of 2002. The said writ petition was dismissed by this Court observing that the convict should have preferred a criminal appeal against the judgment in S.C.No.395 of 1999. Since by that time an appeal, being Criminal Appeal No.1652 of 2001 was already preferred against the judgment in S.C.No.395 of 1999 and the same was pending in this Court, a Miscellaneous Petition was moved seeking a direction to transfer the son of the petitioner to a Borstal School. The said Appeal as well as Miscellaneous Petition were disposed of by the Division Bench on 10-4-2003 confirming the conviction and sentence, however recommending the Government of A.P. to take appropriate action with regard to transferring the petitioners son to a Borstal School and pass appropriate orders in accordance with law within a period of 15 days from the date of receipt of judgment. In pursuance thereof, the respondent herein passed an order dated 20-5- 2003 holding that the son of the petitioner cannot be sent to a Borstal School since he attempted to commit rape on a girl aged about 8 years and also murdered her. The said order dated 20-5-2003 is under challenge in this writ petition.