1 APPA-G-718.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE  CRIMINAL CRIMINAL APPLICATION NO.718 OF 2011 IN CRIMINAL APPEAL NO.254 OF 1997 WITH CRIMINAL APPEAL NO.254 OF 1997 Raja @ Umesh Jaysing Chavan .... Applicant Vs. State of Maharashtra & Anr. .... Respondents Shri Dilip Bodke for the Applicant/ Appellant. Shri J.P. Kharge, APP, for the State. CORAM: R.C. CHAVAN, J. DATED: AUGUST 17, 2011 P.C: 1. By this application the applicant has raised the claim of his being a juvenile on the date of commission of the offence. The applicant was charged of committing the murder of his father Jaysing Jyoti Chavan and causing injuries to Ananda Dhondiba Chavan by means of firearm. He was tried before the Additional Sessions Judge, Satara, who convicted him for the offences punishable under Sections 304 Part-II and 307 of IPC and sentenced him to suffer RI for five years and one year 2 APPA-G-718.11 respectively on the two counts. He also held the applicant guilty of the offence punishable under Section 27 of the Arms Act but no separate sentence was imposed. 2. The incident in question had occurred on 23-5-1990. The applicant/appellant preferred an appeal against his conviction and sentence which was imposed upon the applicant on 17-4-1997. The applicant filed the present application on 14-6-2011. Section 7A of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short, the Act ) came on the statute book on 22-8-2006. Therefore, on the date on which the applicant was convicted, this section was not on the statute book. The applicant had filed his school leaving certificate in proof of his age. The certificate shows his date of birth to be 24-12-1972. Thus, on the date of commission of the offence he was slightly below the age of 18 years. By the order dated 4-7-2011 the learned APP was requested to take instructions in the matter. The learned APP has made available for my perusal a report of the Police Station Officer showing that he had inquired with the Headmaster of the concerned school and found that the applicant was indeed born on 3 APPA-G-718.11 24-12-1972, as per the school record. Thus, on the date of commission of the offence, the applicant was a juvenile. In view of this,in terms of the provisions of Section 7A, the applicant has to be forwarded to the Juvenile Justice Board for being appropriately dealt with. The application is, therefore, allowed. The applicant shall appear before the Juvenile Justice Board, Satara on 12-9-2011. The original record be transmitted to the Board to enable the Board to deal with the applicant appropriately. 3. In view of the provisions of sub- section (2) of Section 7A of the Act, the appeal is disposed of, since the order and sentence passed by the Additional Sessions Judge would have no effect in terms of the provisions of sub-section (2) of Section 7A. (R.C. CHAVAN, J.)