MAIN RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) MANI Ram, petitioner by means of this petition under Section 482, Cr.P.C. read with Articles 226/227 of the Constitution of India, seeks the issuance of a writ in the nature of Habeas Corpurs, holding his further dentin as illegal and a direction to the re-respondent authorities to release him forthwith.

(2.) THE petitioner was tried before the learned Additional Sessions Judge, Hissar and vide judgment dated 13.10.1983 he was convicted and sentenced to life imprisonment and fine of Rs. 200/- or in default further RI for 6 months. As per details in paragraph 4 of the petition, he had undergone actual sentence of 7 years, 2 months and 3 days, besides earning remissions of 4 years, 7 months and 4 days. He claims himself to be a juvenile offender, being below 18 years of age at the time of commission of the offence and under the instructions of the Government, Annexure P2, to have become entitled to premature release. Previously he had come to this Court in Cr. WP 395/1990, claiming premature release, to the respondent authorities having filed a reply that this case was under consideration, the criminal writ petition was dismissed. He claimed that his premature release case has not been decided by the respondent-authorities and further that since he was a juvenile offender, he was entitled to be released.

(3.) THE petitioner claims that the is an illiterate person; his date of birth was not recorded with the Chowkider and he never joined any school. There facts were so stated in Annexure R4. There is, thus no document to confirm the age of the petitioner. The fact however,remains that at the trial, the petitioner had given his age as 17 years but the learned Addition Sessions Judge had recorded a note, about his age being 19 years from appearance. The learned counsel for the petitioner urges that the recording of the age from appearance could be deceptive. The approach of the Court of Session was only based on imagination and should not be the deciding factor. At the time of trial, the learned Additional Sessions Judge, had obtained no report of the Medical officer to fix his age.