SUPERINTENDENT CENTRAL PRISON CHENCHALGUDA HYDERABAD Vs. C NARSIMHULU

JUDGEMENT

(1.) The respondent was convicted under Section 302 I.P.C.and sentenced to life imprisonment by the Trial Court on 19-12-1995 in S.C.No. 245/1991. This sentence was upheld by the High Court in Crl. Appeal No. 41/96 by judgment dated 3rd December, 1996 and the respondent is in custody undergoing the sentence. He filed a writ petition being W.P.No. 3148/97 before this Court- seeking a direction from this Court that he should be sent to Borstal School in terms of the provisions of A.P. Borstal Schools Act, 1925 (hereinafter referred as 'the Act') as he was above 16 years and less than 21 years in age at the time of his conviction. This writ petition was decided by this Court on 10-2-1997. It appears that the Court ordered the respondents / appellants herein to consider the representation of the petitioner/respondent herein with regard 3to his claim that he was entitled to benefit under the Act. The representation was decided by the Government by an order dated 19th November, 1997. By this order the request of the respondent was rejected and he challenged the order by way of Writ Petition No. 35131/97. The learned single Judge has allowed the writ petition and directed the Superintendent, Central Prison, Chenchalguda, Hyderabad to transfer the writ petitioner to Borstal School at Nizamabad. The judgment of the learned single Judge allowing the writ petition has been challenged by way of this Writ Appeal.

(2.) We have heard the learned Counsel for the parties at length and also gone through the record.

(3.) Before coming to the controversy in issue it will be profitable to note down certain provisions of the Act. Under Section 2 (1) of the Act, 'Adolescent offender' has been defined as under :