1 appa6111 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APLICATION NO. 61 OF 2011 IN CRIMINAL APPEAL NO. 797 OF 2002 Latesh @ Latiya Vinayak Salvi ...Applicant V/s. The State of Maharashtra ...Respondent Ms. Anjali Patil for the Applicant Ms. M.H. Mhatre, A.P.P., for the State. CORAM: A.M. KHANWILKAR AND A.R. JOSHI, JJ. DATE: 31ST JANUARY, 2011 P.C.:- By this application, original accused No.1 has prayed for initiating enquiry to ascertain the age of the applicant at the time of the commission of the offence. This relief is claimed on the assertion that the applicant was only sixteen years and three months at the relevant time. If so, the applicant is entitled for the benefit under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000. 2 appa6111 2. This application has been filed in the appeal against conviction, which is pending in this Court. Nevertheless, in view of the expansive provision contained in Section 7-A of the Act of 2000, we accept the argument of the learned A.P.P. that the applicant can be given liberty to approach the trial Court in the first place, which, in turn, can record finding of fact on the plea taken by the applicant that he was minor at the relevant point of time. If that plea were to be accepted or answered in favour of the applicant, it would necessarily follow that the applicant would be entitled for benefit of the provisions of the Act of 2000, notwithstanding the finding of guilt recorded against him. 3. Very recently, in the case of Hirabai Dadarao @ Shrikant Patole v. the State of Maharashtra in Criminal Application No. 1567 of 2010 in Criminal Appeal No. 90 of 1997 decided on January 21, 2011, we had occasion to observe that the applicant is free to approach the trial Court, in the first instance, with a formal application, to seek benefit of provisions of the Act of 2000. In the said proceedings, the applicant would get opportunity to produce tangible evidence in respect of his case that he was minor at the relevant point of time; and the correctness of that evidence will have to be decided by the trial Court; and, depending on the finding reached by the trial Court, it would be open to the trial 3 appa6111 Court to pass appropriate orders as may be warranted in the fact situation of the present case. 4. We express no opinion on the merits of the contentions. The applicant must approach the trial Court with a formal application to claim benefit of provisions of the Act of 2000. 5. Accordingly, the application is disposed of, with liberty to the applicant as stated earlier. All questions are left open. As and when the applicant files proposed application before the trial Court, we hope and trust that the trial Court will decide the same expeditiously, and in any case, within three months from the date of its presentation, after giving opportunity to both sides to adduce evidence and material, as may be advised. A.R. JOSHI, J. A.M. KHANWILKAR, J.