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2016 DIGILAW 1370 (SC)

Durga Prasad v. State of Chhattisgarh

2016-09-27

A.K.SIKRI, N.V.RAMANA

body2016
ORDER : Leave granted. 2. In this appeal filed by the appellant which is against his conviction under Section 302 of the Indian Penal Code by the Sessions Court and upheld by the High Court, main contention of the appellant is that he was a juvenile on the date of the incident, i.e., on 14.01.2005. 3. As such a plea was raised, the matter was directed to be inquired into by the Trial Court, i.e., by the Court of Additional Sessions Judge, Fast Track Court, Pendra Road, Bilaspur, Chhattisgarh. Inquiry report dated 12.07.2016 has been sent by Additional District & Sessions Judge, Pendra Road, District Bilaspur, Chhattisgarh, wherein it is stated that on the date of the incident, the age of the appellant was 17 years 03 months and 20 days. 4. It is clear from the said report that the appellant was a minor on the date of incident. As he has already suffered incarceration for more than 3 years, his remaining sentence is set aside. The appellant shall be released forthwith unless required in any other case in which he is tried as a major. 5. The appeal is allowed in the aforesaid terms.