Judgment :- P.DEVADASS, J. Pattamal, mother of the detenu Kali @ Mottai Kali @ Rishi Pandi, who is A.4 in S.C.No.104 of 2003 seeks benefit of the benevolent provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter, in short J.J Act) and seeks release of her son from jail. 2. On 2/5/2002, at about 5.30 a.m., in a place in Madurai, one Pandi @ Apple Pandi was murdered. Detenu and four others were prosecuted in S.C.No.104 of 2003 before the First Additional Sessions Judge (FTC III), Madurai. 3. On 24/7/2003, the learned Additional Sessions Judge convicted the detenu as under:- CONVICTION SENTENCE Section 302 r/w. 149 IPC Life, fine of Rs.2,000/- in default to undergo one year rigorous imprisonment Section 302 r/w 114 IPC Life and fine of Rs.1,000/- in default to undergo six months rigorous imprisonment Section 148 IPC Six months rigorous imprisonment Section 342 IPC Three months rigorous imprisonment Section 506 (II) IPC One year rigorous imprisonment The learned Additional Sessions Judge directed all the sentences to run concurrently. 4. Criminal Appeal No.576 of 2006 was directed by the detenu and the same was dismissed by this Court on 21/8/2007, confirming the conviction and sentences. 5. Now, his mother Pattammal claims release of her son on the ground as stated in the outset. 6. To decide the benefit under the J.J Act, the detenu must be below 18 years on the date when the offence was committed. 7. The offence was committed on 2/5/2002. For the purpose of considering the eligibility of the detenu, we have directed the Principal Sessions Judge, Madurai to conduct an enquiry. 8. The learned Principal Sessions Judge, Madurai conducted an elaborate enquiry, recorded the evidence and in his report dated 8/8/2011, came to the conclusion that when the offence was committed, the detenu was 17 years old. Since his Date of Birth is 7/1/1985, he is below 18 years. 9. There is one more hitch. In the Birth Certificate his name is shown as Kali. Later Kali became Mottai Kali and later transformed into Rishi Pandi. On verification, Police confirmed that Kali who is having the alias is one and the same person. 10. Now, as regards the age determination and as regards the differences in the name in the Police record and in the birth certificate, there is no dispute from the prosecution side. Later Kali became Mottai Kali and later transformed into Rishi Pandi. On verification, Police confirmed that Kali who is having the alias is one and the same person. 10. Now, as regards the age determination and as regards the differences in the name in the Police record and in the birth certificate, there is no dispute from the prosecution side. So, considering the evidence recorded by the learned Sessions Judge and the plea made by both sides, we determine that Kali @ Mottai Kali @ Rishi Pandi was 17 years old on 2/5/2002, when the offence was committed. 11. So, he is eligible for the benefit under J.J Act. As per Section 16 of the J.J. Act, a Juvenile in conflict with law cannot be awarded death sentence nor life sentence. As per Section 15, at the most, he can be detained in Observation Home upto three years. So, the detenu cannot be a lifer. Now, the detenu is about 26 years old. He had already spent about 10 years in jail. Now, consistently, the current judicial view is that even without claiming the juvenility before the trial Court or before the Division Bench, in any Court, in any proceedings including HCP, juvenility and the benefit under J.J Act can be claimed. He cannot be a lifer. At the most he can be detained upto 3 years. Now that he has already served 10 years and he has become a full adult man, in view of the statutory law and the decided cases, we are inclined to release him from jail. 12. In the result, the Habeas Corpus Petition is allowed. The life sentence imposed upon him by the learned Additional Sessions Judge (FTC III), Madurai in S.C.No.104 of 2003 imposed upon him by the learned Additional Sessions Judge, (FTC III), Madurai in S.C.No.104 of 2003 on 24.7.2003 as confirmed by this Court in C.A.No.576 of 2006 on 21.8.2007 is modified. The Superintendent, Central Prison, Madurai is directed to release the detenu, if his custody is no longer required in any other case/proceedings.