JUDGMENT : AKHILESH CHANDRA, J.:–This is an Appeal preferred by the solitary appellant convicted for the offence under Section 307/34 of the Indian Penal Code and sentence to undergo rigorous imprisonment for five years as awarded on 30th May 2002 by learned 2nd Additional Sessions Judge, Fast Track Court, Patna in Sessions Trial No. 776 of 1992/458 of 2001 arising out of Kadamkuan (Kankarbagh) P.S. Case No. 48 of 1992 dated 18th January 1992. 2. After some argument, learned counsel for the appellant chosen not to challenge the conviction but confined his submissions on the point of sentence mainly on the grounds of mental agony, financial loss suffered for the last about 22 years in a petty matter besides brief detention pre and post conviction stage and that apart it was pointed out that on the date of occurrence i.e. 18th January 1992, the appellant was aged about 15 years as is evident from the age given in the judgment i.e. 25 years. Based on his statement recorded on 3rd May 2002 wherein though the appellant has stated his age 21 years but the trial Court estimated 25 years. Though in view of the prevailing law at the relevant time, he could not have been declared juvenile but the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as “the Act”), the appellant deserves the benefit but in absence of any contact with the appellant learned counsel is not in a position to file any application or produced any other material. 3. On the other hand, learned Additional Public Prosecutor after trying his level best to support findings of the Court below on both counts ultimately submits after laps of about 22 years and detention of the appellant for a brief period as stated it may be a futile exercise if matter is sent back to the competent authority for an enquiry on the point raised under the provisions of the Act. 4. Having regard to the facts and circumstances, including time lapsed and anticipating lapses of some more time for no positive result, sentence of the appellant is reduced as undergone. 5. With the above modification in sentence as awarded by the trial Court, the Appeal is, hereby, disposed of. 6. Let this order be communicated to the Court below aforementioned through FAX at the cost of the appellant for needful. ?