JUDGMENT AND ORDER : Ajit Singh, J. An application has been filed on behalf of convict - Ishaque Ali @ Genda Ali @Tultul Haque, who stands convicted under Section 302 of the Indian Penal Code in Sessions (T-1) Case No.105(N)/2014 by judgment and order dated 11.09.2015 of the Court of learned Additional Sessions Judge No.2, Nagaon. An appeal against the aforesaid judgment has been preferred before this Court by the present applicant. The convict/applicant is presently serving the sentence in jail. By the present application, it is brought to the notice of this Court that the occurrence took place on 17.07.2008, on which date, the applicant was a juvenile. But, no documentary proof has been produced by the applicant to support his stand. It is the prayer of the applicant that he is entitled to the benefit of Section 7-A(2) of the Juvenile Justice (Care and Protection of Children) Act, 2000 in view of the aforesaid facts and circumstances and he be released from jail as the sentence passed by the learned Additional Sessions Judge should be deemed to have no effect. 2. The prosecution case that has been proved against the applicant is that he hacked to death one woman with a dao. 3. In the case of Abdul Razzaq vs. State of U.P. in Criminal Misc. Petition No.17870 /2014 in Special Leave Petition (Crl.) No.2838/2000, the Hon’ble Supreme Court had set aside the sentence imposed on a similar case leaving the conviction undisturbed. In doing so, the Hon’ble Supreme Court considered the provision of Section 7-A of the Act and observed in paragraph 10 thereof as follows:- “10. The above provisions clearly show that even if a person was not entitled to the benefit of juvenilities under the 1986 Act of the present Act prior to its amendment in 2006, such benefit is available to a person undergoing sentence if he was below 18 on the date of the occurrence. Such relief can be claimed even if a matter has been finally decided, as in the present case.” The same view was previously taken by the Hon’ble Supreme Court in the case of Hari Ram v. State of Rajasthan & another, reported in (2009) 13 SCC 211 . Such relief can be claimed even if a matter has been finally decided, as in the present case.” The same view was previously taken by the Hon’ble Supreme Court in the case of Hari Ram v. State of Rajasthan & another, reported in (2009) 13 SCC 211 . It has already been held in catena of cases by the Hon’ble Supreme Court that even if an appeal has been dismissed but it is brought to the notice of the Court that the convict was a juvenile in conflict with law as on the date of commission of the offence, it is the duty of the Court to cause an enquiry under Section 7-A(2) of the Act and the Rules holding the field and thereupon if it comes to light that the convict was a juvenile in conflict with law, in that event he should be given the benefit of Section 7-A.” 4. Accordingly, this Court directed the learned Additional Sessions Judge No.2, Nagaon to hold an enquiry as to whether convict Ishaque Ali @ Genda Ali @Tultul Haque was a juvenile in conflict with law as on the date of commission of offence. The learned Additional Sessions Judge held an enquiry and has submitted a report on 07.12.2016. The report is based on the ossification test conducted by the Medical Board as there was no documentary proof of age of the applicant. It has been reported by the Board that the age of the applicant is above 18 years and below 20 years as on the date of examination i.e. 06/09/2016. 5. Upon perusal of the report, it is clear that convict/applicant must be aged about 10-12 years in the year 2008 and was juvenile when the offence was committed. In that view of the matter, the applicant is entitled to the benefit under Section 7-A of the Act. 6. Accordingly, we allow this application and set aside the sentence imposed on convict Ishaque Ali @ Genda Ali @Tultul Haque keeping the conviction undisturbed. The convict Ishaque Ali @ Genda Ali @Tultul Haque, be released from Jail forthwith, provided he is not required in connection with any other case.