1` IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal W.P.No. 90/2011 Imarchand Ghanshyam Lande vs. The State of Maharashtra, through the Secretary, Home Department, Mantralaya, Mumbai and another. ----------------------------------------------------------------------------------- Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. Mr. T.A.Mirza, APP for the respondents. CORAM : MRS. V.K.TAHILRAMANI & P.B.VARALE, JJ DATE : 8.3.2011 By Judgment and order dated 24th October, 2007 passed by the learned Additional Sessions Judge, Bhandara, the petitioner was convicted in Sessions Trial No. 33/2006 along with other accused inter alia for the offence under section 302 read with 149 of the Indian Penal Code for causing death of Diwaru Kerwade and Shyamrao Shivrakar on 20.12.2005. The case of the petitioner is that his date of birth is 13.7.1989, thus, on the date of offence i.e. on 20.12.2005 he was a juvenile. Hence, he has prayed that he be given the benefit of being a juvenile as visualized under the Juvenile Justice (Care and Protection of Children) Act, 2000. To show his date of birth is 13.7.1989, he has produced one Transfer 2` Certificate. We have carefully perused the said certificate. The surname of the petitioner in the petition is given as “Lande”. However, in the Transfer Certificate on which he has placed reliance, surname is mentioned as “Lale”. This clearly shows that the certificate does not pertain to the petitioner. In this view, we can not rely on this certificate. No case is made out for grant of relief sought for. Hence, the petition is rejected. JUDGE JUDGE patle