Gurumukhsingh Tak vs State of Maharashtra and Others

A.H. Joshi, J.—This Court had disposed of Criminal Writ Petition No. 407 of 2009 on 9th December, 2009. By order passed today, we have recalled said judgment, and taken up present Criminal Writ Petition for hearing and disposal according to law.

Learned Adv., for the Petitioner has argued that the Petitioner was a juvenile on the date of occurrence of crime, and by virtue of Section 7A of the Juvenile Justice(Care and Protection of Children) Act, 2000, he needs a differential treatment even after the conviction attains finality.

In support of his submissions, learned Adv., for the Petitioner has placed reliance on following Judgments:

[I] Dharambir Vs. State (NCT of Delhi) and Another, ,

[II] Ganesh Ramjivan Kaithwas v. State of Mah. and Anr. [Criminal Writ Petition No. 31/2010, decided on 28th July, 2010] [Coram A.P. Lavande & P.D. Kode, JJ.], and

[III] Sunil Laxman Jawade v. State of Mah. and Anr. [Criminal Writ Petition No. 509 of 2010, decided on 25th November, 2010], [Coram: A.H. Joshi & A.R. Joshi, JJ.].

We are satisfied that in view of Section 7A of the Juvenile Justice (Care and Protection of Children) Act, 2000, that it shall be open to the Court, who has passed the order of conviction and sentence, if an application is made by the convict, to decide the age based on the correct date of birth, and record a finding whether the convict-Petitioner was a juvenile on the date of commission of offence. If the finding is in favour of the claim of the convict-Petitioner, the Court will be within its jurisdiction to pass orders in accordance with law.

We need to record that learned APP does not dispute the legal position that the jurisdiction u/s 7A of the Juvenile Justice (Care and Protection of Children)Act, 2000, applies equally to the Court passing the order of conviction.

In view of foregoing discussion, Petitioner should better file an application within fifteen days from today before the Sessions Court concerned who has passed the order of conviction and sentence. The Sessions Judge, to whom the enquiry be allotted, shall have to decide the application when filed in accordance with Section 7A of the Juvenile Justice (Care and Protection of Children) Act, 2000.

Learned Adv., for the Petitioner states that the application shall be filed in the Sessions Court within fifteen days from today.

We direct learned APP to communicate to the District Govt. Pleader to appear in the matter on 20th December, 2010, for taking further steps, if copy of application, which may be filed by the applicant, is delivered to learned District Govt. Pleader.

We hope and expect that the question of age of the applicant, i.e., he being a juvenile as per the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000, be decided by Sessions Court, as far as possible, within ninety days from the date of appearance.

Rule is made absolute in terms of foregoing Para Nos. 6 to 8.

Hamdast of this Writ of this Court is allowed.