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Judgment
M. Chockalingam, J.—Invoking the writ jurisdiction of this Court, one Mariammal, the mother of the convict in S.C. No. 51/2002 whereby
he was found guilty on the charge of murder u/s 302 of IPC and awarded life imprisonment along with fine and default sentence by a judgment
dated 14.10.2003, has brought forth this petition stating that her son, the detenu, was born on 26.1.1983; that on the date of occurrence i.e.,
23.11.2000, he was aged 17 years, 8 months and 27 days; that he was below 18 years and thus, he was a juvenile; that under the circumstances,
he should be given the benefit u/s 7A of Juvenile Justice (Care and Protection of Children) Act, and hence he has got to be set at liberty.
Heard the learned Counsel for the petitioner and also the learned Additional Public Prosecutor for the State.
At the time when this petition was filed before the Court, the Court thought it fit to call for a report from the Principal Sessions Judge,
Tirunelveli, as to the age of the detenu. Accordingly, the Principal Sessions Judge pursuant to the orders of the Court, made an enquiry and after
examining the witnesses and recording their evidence, has given a report to the effect that the date of birth of the detenu was 26.1.1983, and he
was actually aged 17 years, 8 months and 27 days on the date of commission of the offence. Thus, the report has got to be acted upon. It could
also be seen that he has not completed 18 years and was a juvenile on the date of occurrence. It is further to be pointed out that he is entitled for
the benefit u/s 7A of the Juvenile Justice (Care and Protection of Children) Act.
It is brought to the notice of the Court that the age of the detenu at present is 27. In a given case, though he was a juvenile at the time of
commission of the offence, the matter could be sent for the purpose of enquiry, to the Juvenile Justice Board. But, this cannot be done in the case
on hand, since he is now 27 years old. In such circumstances, sending the matter to the Juvenile Justice Board will not serve any purpose at this
stage. Therefore, he has got to be given the beneficial legislation u/s 7A of the Juvenile Justice (Care and Protection of Children) Act since he was
a juvenile at the time of commission of the offence.
In view of what is stated above, the petitioner''s son Kittu @ Rajendran, shown as accused in S.C. No. 51 of 2002 on the file of the Principal
Sessions Judge, Tirunelveli, is set at liberty by giving the benefit under the Juvenile Justice (Care and Protection of Children) Act, and he is directed
to be released forthwith unless his presence is required in connection with any other case. The fine amount, if any paid by him, shall be refunded to
him. This petition is, accordingly, ordered.