BIRENDRA SINGH @ BILU SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The sole appellant has preferred this appeal against the judgment dated 18.1.2005, passed by Sri N.K. Srivastava learned 1st Additional Sessions Judge cum Special Judge, Gumla in S.T. No. 19/2004, whereby the appellant has been found guilty for the offence punishable under Sections 376 of the Indian Penal Code and under Section 3(1)(xii) of the Prevention of Schedule Caste and Schedule tribe Atrocities Act and has been sentenced to undergo rigorous imprisonment for 10 years and also imposed fine of a sum of Rs. 10000/- and failing which he was directed to further undergo rigorous imprisonment for one year. And the appellant was further sentenced to undergo rigorous imprisonment for 3 years mid a fine of RS. 5,000/- and if he fails for the same he will have to suffer rigorous imprisonment for 6 months more and sentences, will run concurrently except the sentences of fine amount in both the counts will run consecutively. The fine amount on way of compensation if recovered will be paid to the prosecutrix Samita Bara P.W. 1 which will be used in the welfare of the minor prosecutrix Samita Bara P.W.1 specially in her study.

(2.) Counsel of the appellant submits that he has filed an I.A. application i.e. I.A. No. 262 of 2009 for considering the appellant as Juvenile. It is further submitted that in another case i.e. G.R. No. 656 of 2002 arising from Gumla P.S. Case No. 211 of 2002 under Section 25(1-b)a/26 Arms Act the appellant has been declared Juvenile accepting his date of birth as 18.12.1985 by the order dated 1.4.2003 passed by A.C.J.M. Gumfa, the said order has been annexed as Annexure-1 in the aforesaid I.A. application.

(3.) Perused the aforesaid order dated 1.4.2003 (contained in Annexure-1). In my opinion when the appellant has been declared juvenile accepting his date of birth 18.12.85 by the court of A.C.J.M in another case and neither the informant nor the State of Jharkhand has challenged the said order before any higher court, the said order has become final in respect of the date of birth of the appellant. Counsel of the State has not disputed this fact. Therefore accepting the date of birth of the appellant as 18.12.85 and the date of occurrence of the present case being 29.10.2003, it can be said that the appellant was Juvenile on the alleged date of occurrence. According the I.A. No. 262 of 2009 is allowed.