SUBASH SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) Challenging the judgment of conviction and sentence dated 5-5-2003 renderedby the learned Additional Sessions Judge, Angul in S.T. No. 109/34 of 2002, the appellant has filed this appeal.

(2.) We have heard Mr. Gourang Ch. Mohapatra, learned counsel for the appellant as well as learned Additional Standing Counsel for the State. Mr. Mohapatra while challenging the impugned judgment of conviction and sentence contended that the learned Additional Standing Judge did not consider the question of juvenility which was raised before him as a result of which there has been gross miscarriage of justice and the present appellant, who was a juvenile at the time of the commission of the alleged crime, has been prejudiced and has suffered incarceration for a decade. Our attention was drawn to the findings

(3.) From the impugned judgment we found that the School Leaving Certificate was produced before the learned Additional Sessions Judge which revealed that the present appellant was born on 7-6-1985 and therefore he was a minor at the time of alleged commission of offence on 8-2-2002. Learned Additional Sessions Judge disbelieved the entry with regard to the date of birth of the appellant recorded in the School Leaving Certificate.