Ramesh and others vs State of Haryana

Pritam Pal, J.—Learned Counsel for the Appellant states that the Appellant has already undergone more than 5 years of actual sentence. He further states hat Appellant Ramesh was a Juvenile on the date of commission of offence.

Vide order dated May 31, 2005 the Sessions Judge, Fatehabad was asked to hold an enquiry and thereafter send a report to this Court, as to whether on the date of commission of offence, Appellant-Ramesh was a Juvenile. The Sessions Judge, Fatehabad in his report dated August 27, 2005, has concluded that "at the time of commisison of offence, Appellant Ramesh was aged about 16 years, 5 months and 22 days."

The cut-off date for ascertaining whether the Appellant was a Juvenile or not, is 1.4.2001 as per the judgment of the Hon''ble Supreme Court in Partap Singh v. State of Jharkhand and Anr. 2005 (1) RCR (Crl.) 836 (SC): 2005 (1) AC 358 (SC) : 2005 (1) ACJ 357 and it comes out that the Appellants was a Juvenile on the date of commission of offence.

Sentence of the Appellant is suspended. Bail to the satisfaction of Chief Judicial Magistrate, Fatehabad.

This order of ours will not have any bearing on the final decision of this appeal regarding as to whether the Appellant was a Juvenile at the time of commission of offence. The Appellate Court will be at liberty to form its own opinion regarding the age of Appellant Ramesh.

Appeal allowed.