ORDER : CRLMP.NO. 18091/2011 By this Criminal Miscellaneous Petition, the CRLMP.NOS. 18091/2011 & 19598/2011 in petitioner has applied for permission to raise claim of juvenility; to direct an inquiry under Section 7-A of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short, ’the Act’) to ascertain the juvenility of the petitioner on the date of incident and to direct for immediate release in case in the inquiry it is found that he was less than 18 years of age at the time of the incident. On September 30, 2011, this Court issued notice to the respondent. In response thereto, Mr. Siddhartha Dave, learned counsel, has appeared. On December 2, 2011, this Court directed the Additional Sessions Judge, Sohagpur to enquire into the petitioner’s claim of juvenility and send his report within three months from the appearance of the parties. The Additional Sessions Judge, Sohagpur, District Hoshangabad, (M.P.), has held an inquiry pursuant to the order dated December 2, 2011 and sent his report. On completion of the inquiry, the Additional Sessions Judge has found that the petitioner was 17 years 9 months of age on the date of the incident and that his claim of juvenility has been proved. The petitioner has been convicted for the offence under Section 302 Indian Penal Code and sentenced to life and fine of Rs. 25,000/-. His conviction was upheld by the High Court vide judgment dated August 6, 2009. Being aggrieved by the judgment of the High Court, the petitioner preferred Special Leave Petition. However, this Court dismissed the Special Leave Petition on December 17, 2009. The question as to whether the claim of juvenility can be raised even after the dismissal of Special Leave Petition is concluded by the decision of this Court in Lakhan Lal Vs. State of Bihar, (2011) 2 SCC 251 . Having regard to the above judgment, the findings of the Additional Sessions Judge, Sohagpur, District Hoshangabad, (M.P.) that the petitioner was a juvenile on the date of commission of the offence and that presently the petitioner is about 37 years of age and has already undergone sentence of more than 7 years, we are satisfied that the petitioner deserves to be set free forthwith. Consequently, Criminal Miscellaneous Petition is allowed. It is directed that the petitioner shall be released forthwith, if not required in any other case. CRLMP.NO.
Consequently, Criminal Miscellaneous Petition is allowed. It is directed that the petitioner shall be released forthwith, if not required in any other case. CRLMP.NO. 19598/2011 In view of the order passed in CRLMP.NO. 18091/2011 above, no order needs to be passed on this Criminal Miscellaneous Petition and the same stands disposed of.