ORDER : K. Ramaswamy, J. 1. The petitioner, a convict in S.T. No. 526 of 1978 by the Court of the Sessions Judge, Sitapur in Uttar Pradesh, by judgment and order dated May 10, 1979 for an offence of murder under Section 302 Indian Penal Code was sentenced to undergo imprisonment for life. As on September 30, 1993, he has already undergone 15 years, 3 months and 23 days’ imprisonment. If the period of remission is added, it shall be 21 years 2 months. He sent a representation with report of the jail authorities to this Court requesting his premature release. It was alleged that he was of 17 years of age at the time of the commission of the offence. Counter-affidavit and written submission were filed on behalf of the respondents. It is sought to be contended that the petitioner was 18 years of age on the date of commission of the offence. He was sent to Kishore Sadan, Bareilly and after his completing 23 years of age he was sent to Central Jail to undergo the balance period of imprisonment for life. 2. Petitioner has already undergone more than 15 years of imprisonment. At the time of occurrence he was of 17 years of age and because of that he was initially sent to Borstal School to reform himself. As according to his own statement as on the relevant date his age was 17 years, he shall not be deemed to be a juvenile within the meaning of Juvenile Justice Act. Juvenile has been defined under the said Act to mean in case of a boy, who has not attained the age of 16 years on the date of the commission of the offence. But taking into consideration that petitioner has remained in jail custody for more than 15 years and he was of tender age on the date of the commission of the offence, we direct that petitioner be now released from detention. 3. The rule nisi is accordingly made absolute.