CHANDAN KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The sole appellant-Chandan Kumar, who, having been convicted under Sec. 302 of the Indian Penal Code and also under Sec. 27 of the Arms Act, was sentenced for imprisonment for life along with a fine of INR 2000.00 under Sec. 302 of the Indian Penal Code and for one year rigorous imprisonment under Sec. 27 of the Arms Act, after serving about seven years of his sentence, claimed himself to be a juvenile on the date of commission of offence in this Court during pendency of this appeal.

(2.) He also filed an application under Sec. 7-A read with Sec. 49 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (here-in-after referred to as 'the Act') praying for his remand to the Juvenile Justice Board, Garhwa for the purpose of holding an inquiry regarding his juvenility and for further proceeding thereafter in accordance with law.

(3.) Vide order dated 9.12.2011, the matter was referred to the Juvenile Justice Board, Garhwa for determination of the age of the appellant and submission of report.The report dated 16.1.2012 was thereafter submitted holding the appellant to be a juvenile. On the basis of the report of the Board, the age of the appellant, on the date of occurrence, comes to 15 years, 05 months and 25 days.