LACHHO DEVI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE instant application has been moved under Section 482 of the Code of Criminal Procedure by Applicant Man Singh convict for initiating an enquiry with respect to the juvenility. The applicant and his mother Lachho Devi were charge -sheeted and tried for the offences punishable under Sections 302, 325, 506 read with Section 34 of the Indian Penal Code. At the end of the trial, Lachho Devi was convicted for the offence punishable under Section 325 of the Indian Penal Code and was sentenced to undergo imprisonment till rising of the Court and further to pay a fine of Rs. 5,000/ - which was deposited by her, whereas applicant Man Singh was convicted for the offence punishable under Section 304 -II of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 1,000/ -, which have been challenged in this appeal. Now, the applicant claims that his date of birth is 10.8.1982 (Annexure A -1) and on the date of incident, i.e. on 11.11.1999, he was less than 18 years, which fact has been disputed by the respondent -State. According to them, his date of birth is 19.6.1978. as contained in the reply filed today in the Court.

(2.) THE Apex Court in Amit Singh v. State of Maharashtra and another, : (2012) 2 SCC (Cri) 858 and (2011) 13 SCC 744, while considering its previous judgments considered the identical question of low in the light of the Amendment Act 33 of 2006 in the provisions of the Act which substituted Section 2(1) to define a "juvenile in conflict with law" as a "juvenile who is alleged to have committed an offence and has not completed 18 years of age as on the date of commission of such offence." By way of Amendment Act 33/2006.

(3.) NOW , by virtue of the explanation to Section 20 in all pending cases, which would include not only trials but even subsequent proceedings by way of revision or appeal, the determination of juvenility of a juvenile would be in terms of clause (1) of Section 2, even if juvenile ceased to be a juvenile on or before 1st April, 2001, when the Act came into force and the provisions of the Act would apply as if the said provision had been in force for all purposes and for all material times when the alleged offence is committed.