RAJJAK Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition under Sec. 482 Cr.P.C. has been moved by petitione seeking order for inquiry to determine his age as contemplated under Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter to be referred as 'Act, 2000'), for declaring him "juvenile in conflict with the law", in case FIR No.277 dtd. 30/10/1995 under Ss. 148, 302, 307, 323 and 364 IPC read with Sec. 149 IPC, registered at Police Station Punhana, District Mewat (Nuh).

(2.) Learned counsel for the petitioner has inter alia contended that in case FIR No.277 dtd. 30/10/1995, as detailed above, petitioner was held guilty, convicted and sentenced for the commission of aforesaid offences, vide judgment of conviction dtd. 8/9/2012 and order on quantum of sentence dtd. 10/9/2012 passed by learned Additional Sessions Judge, Nuh. He further contended that appeal (CRA-D-443-DB-2013) preferred by petitioner against his conviction and sentence, was dismissed by this Court, vide judgment dtd. 1/10/2013. He further contended that no appeal was preferred by the petitioner against judgment dtd. 1/10/2013.

(3.) On the other hand, learned State counsel has vehemently argued that since the plea of juvenility was never raised by the petitioner at any point of time either before the Trial Court or this Court during appeal, he was rightly dealt with as an accused and was convicted and sentenced by the Trial Court and the said judgment and order on quantum of sentence were upheld by this Court.