SANDEEP Vs. STATE OF HARYANA

JUDGEMENT

(1.) Although only an application for suspension of sentence is listed for hearing today but keeping in view the report of learned District and Sessions Judge, Rewari in compliance of order dated 1.8.2013 passed in Crl. Misc. No. 65341 of 2012 as well as the prayer made by learned counsel for the appellant, the main appeal is also taken up for hearing today.

(2.) Appellant-Sandeep has filed the present appeal against judgment of conviction and order of sentence dated 21/23.3.2011 passed by Additional Sessions Judge, Rewari, vide which, he has been convicted and sentenced to undergo RI for a period of seven years under Section 397 IPC. Appeal was admitted on 14.11.2011 and during the pendency of appeal, an application for suspension of sentence has been moved on the ground that applicant was below 17 years of age at the time of occurrence and hence was a juvenile. An application under Rule 12 of the Juvenile Justice (Care and Protection of Children) Rules, 2007 for declaring the appellant as juvenile was also filed. After hearing learned counsel for the parties on 1.8.2013, following order was passed in the said application:-

(3.) In compliance of aforesaid order, an inquiry has been conducted and a report in this regard has been sent, which is on record. The date of birth of the appellant was found to be 14.8.1993 on the basis of birth certificate and the applicant was found juvenile as the alleged occurrence is of 4.5.2010.