1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL WRIT PETITION NO. 560 OF 2009 Atiq Ahmad Sk. Najir .vs. State of Mah. & others ___________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Court's or Judge's orders. Registrars orders. CORAM : A.P. LAVANDE & P.B. VARALE, JJ. DATED : DECEMBER 9, 2009. Heard Mr. S.A. Jaiswal, learned Counsel for the petitioner and Mr. Mirza, learned A.P.P. for the respondents. By this petition, the petitioner seeks setting aside of his conviction and sentence for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code on the ground that on the day of commission of the offence for which he has been convicted, he was a juvenile in terms of Juvenile Justice (Care & Protection of Children) Act, 2000. According to Mr. S.A. Jaiswal, learned Counsel for the petitioner, the petitioner is entitled to raise the point that he was a juvenile at the time of commission of the offence in terms of Section 7-A of the Act at any time. It is not in dispute that conviction of the petitioner along with two others for the offence under Section 302 read with Section 34 recorded by Additional Sessions Judge was confirmed by this Court and Special Leave Petition preferred to the 2 Apex Court against the judgment and order passed by this Court has been dismissed. It is also not in dispute that at no point of time either before this Court or before the Apex Court, the point that the petitioner was a juvenile was raised. This being the position, we are not inclined to entertain the petition at this stage. No proceedings are pending before this Court at present. The judgment and order of this Court has reached finality and has been even confirmed by the Apex Court. The petitioner is not entitled to raise this point at this stage before this Court, more particularly after the Apex Court has confirmed the conviction and sentence imposed upon him. Moreover, in the reply filed by the respondents, it is mentioned that the date of birth of the petitioner as per School Leaving Certificate is 5.1.1974. The Birth Certificate produced by the petitioner discloses that his date of birth is 30.4.1977. It is pertinent to note that birth was registered on 2.1.1993 and there is no material on record as to on what basis in the school leaving certificate date of birth of the petitioner has been mentioned as 5.1.1974. We have serious reservation for placing reliance upon the birth certificate which discloses that his date of birth is 30.4.1977. For the reasons aforesaid, we find no ground to interfere at this stage. Hence, the petition is dismissed. J. JUDGE JUDGE.