MGN IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, CRIMINAL JURISDICTION CRIMINAL APPEAL NO.723 OF 2000 WITH CRIMINAL APPLICATION NO.454 of 2008 Nitin Gajanan Wagh ) Age 26 years, Occ. Agriculturist) Indian Inhabitant, residing at ) Kinai - Pada, Lakhamapur Village) Taluka Wada, Dist. Thane. )..Appellant Versus 1.The State of Maharashtra. ) 2.Smt. Anjali Ashok Wagh, ) Age Adult, Occ. Agri. & Labour) residing at Kinari Pada, ) Lakhamapur, Tal. Wada, Dist. ) Thane. )..Respondents Dr. Y.M. Choudary, for the Appellant/Applicant. Mr. P.S. Hingorani, APP for the State. CORAM: F.I. CORAM: F.I. CORAM: F.I. REBELLO REBELLO REBELLO & K.U.CHANDIWAL, JJ. K.U.CHANDIWAL, JJ. K.U.CHANDIWAL, JJ. DATED: 2ND MAY 2008 DATED: 2ND MAY 2008 DATED: 2ND MAY 2008 ORAL JUDGMENT (PER F.I. REBELLO, J.): ORAL JUDGMENT (PER F.I. REBELLO, J.): ORAL JUDGMENT (PER F.I. REBELLO, J.): . The Appellant herein has been convicted for the offence punishable under Section 302 of I.P.C. and has been sentenced to suffer R.I. for life and to pay fine of Rs.5000/- or in default to suffer further R.I. for 3 months. The Appellant does not challenge his conviction. However, he has moved an application being Criminal Application No.454 of 2008 contending that he may be treated as a "Juvenile in conflict with law" under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000, hereinafter referred to as the Juvenile Justice Act. 2. In the Criminal Application which has been filed by the Applicant he has annexed a copy of his birth certificate issued by the Grampanchayat, Wada, Taluka Wada, District Thane which shows his date of birth as 21st December, 1977. Similarly he has also produced the School Leaving Certificate from P.J. High School,Wada, which also shows the date of birth as 21st December, 1977. On behalf of the prosecution learned A.P.P. submits that they have verified the document and found that to be genuine. 3. The date of offence is 4th July, 1995. The date of birth of the appellant is 21st December, 1977. On the date of the offence, therefore, the Appellant/Applicant was aged 17 years 6 months 14 days and, therefore, would fall within the definition of "Juvenile in conflict with law". 4. Considering the above the Appeal and Application are disposed off with the following directions:- (a) The conviction of the Appellant/Applicant under Section 302 of I.P.C. is confirmed subject to the provisions of the Juvenile Justice Act. (b) In so far as sentence is concerned, as the Appellant/Applicant has already undergone imprisonment of more than 3 years, the maximum provided under Section 15 of the Juvenile Justice (Care and Protection of Children) Act, 2000 the Appellant/Applicant is directed to be released forthwith if not required in any other matter. (c) Appeal disposed of accordingly. Application is allowed. (K.U.CHANDIWAL, J.) (K.U.CHANDIWAL, J.) (K.U.CHANDIWAL, J.) (F.I.REBELLO, J.) (F.I.REBELLO, J.) (F.I.REBELLO, J.)