ARSHAD ALAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) The two petitioners in this writ petition were convicted of an offence under Section 302 IPC which they have committed on 9.9.1992. The judgment of the Sessions Court was rendered on 26.11.1994. They were sentenced to undergo rigorous imprisonment for life. They appealed to the High Court, and the Division Bench of the High Court dismissed their appeal by judgment dated 3.8.2001 against which, they preferred Special Leave Petition (Criminal) No. 7061 of 2001 unsuccessfully. Thus the judgment of conviction and sentence as awarded on 26.11.1994 by the trial court stood affirmed up to the Apex Court.

(2.) It may be noticed here that when the offence was alleged to have been committed, the Juvenile Justice Act, 1986 was in force. Here, juvenile was defined by Section 2(h) to mean a boy who has not attained the age of 16 years. Here, it may also be noticed that plea of juvenility of either of the two petitioners was not raised either before the trial court or before the High Court in appeal or before the Supreme Court in appeal.

(3.) The said Act of 1986 was then repealed and replaced by Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as the 'Act'). Here, "Juvenile" was defined by Section 2(k) to mean a person who has not completed 18 years of age. Thus, it would be seen that with effect from 1st April, 2001 when the Act of 2000 came into effect, the earlier age of a juvenile boy was increased from 16 to 18 years. Petitioner No. 1 claims to have been born on 10.10.1976 and petitioner no. 2 on 28.8.1975. This would make petitioner no. 1 less than 16 years of age on the date of occurrence and petitioner no. 2 slightly more than 17 years of age.