1 17WP.2624-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2624 OF 2011 Shantaram Kachru Suryawanshi. ..Petitioner. Vs. The State of Maharashtra. ..Respondent. .......... Mr. Raju Yamgar, amicus curiae for the Petitioner. Mrs. A.S. Pai, A.P.P. for the State. .......... CORAM : A. M. KHANWILKAR AND P. D. KODE, JJ. DATED : 20th OCTOBER, 2011. P.C. 1. This Petition is received through jail. According to the petitioner on the date of commission of offence, for which he has been convicted and is undergoing sentence in Nashik Central Prison, he was 17 years & 5 months of age. 2. As per the amended provisions of the Juvenile Justice (Care & Protection of Children) Act the petitioner will be entitled for the relief under the said provisions, subject to proof of age. The principal question is whether the petitioner was minor on the date of commission of offence. That is a matter which needs to be enquired into. That enquiry PPD 2 17WP.2624-11 can be conveniently conducted before the Nashik Sessions Court where he was tried for the offence punishable under Section 302 of IPC. Depending on the outcome of the said enquiry, the said Court would be free to pass appropriate direction as may be warranted in the fact situation of the present case. 3. Accordingly, we dispose of this Petition with direction to the Registry to forthwith forward the subject letter Petition to the Sessions Court, Nashik which in turn will proceed in the matter in accordance with law. The enquiry shall be effected as expeditiously as possible and preferably within three months from the date of receipt of copy of this order. 4. Copy of this order be placed on record in Criminal Appeal No.1309 of 2004. Even the decision of the Sessions Court concerning the enquiry be placed on record in the abovementioned appeal as soon as the same is made available. (P. D. KODE, J.) (A. M. KHANWILKAR, J.)