BUNTI ALIAS SHOYAB Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In the above-noted appeal, the appellant-applicant (Banti @ Shoyab) has challenged the judgment and order dated 13th Aug., 2010 passed by the Additional Sessions Judge (Fast Track) No. 2, Kota convicting him for offence under Sec. 302 read with Sec. 34 I.P.C. and hence, sentencing him to life imprisonment, as well as imposing a fine of Rs. 5,000.00; in default of payment of fine, directing him to further undergo two months simple imprisonment. He has also been convicted for offence under Sec. 4/25 of the Arms Act and has been sentenced to two months simple imprisonment and imposed with a fine of Rs. 5,000.00; in default of payment of fine, to further undergo fifteen days simple imprisonment.

(2.) An application has been preferred on behalf of the appellant under Sec. 15 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as 'the Act of 2000', for short), with a prayer for his release forthwith since he has undergone more than the maximum period of incarceration for which the juvenile may be sent to a special home i.e., a period of three years.

(3.) On 21st Jan., 2013 when the matter came up before this Court, an order was passed, which reads thus:-