: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1334 OF 2009 IN CRIMINAL APPEAL NO. 1265 OF 2002 Shri Jitan Moti Rathod .. Applicant v/s. State of Maharashtra .. Respondent ........ Mr. Virendra Pethe i/by B.D. Joshi for the applicant. Mr. D.P. Adsule, APP for State. ........ CORAM : B.H. MARLAPALLE & R.Y.GANOO, JJ. Dated : 9th December, 2009. P.C. : 1. Heard Mr. Pethe i/by Mr. Joshi, the learned Counsel for the applicant. 2. Criminal Appeal No.1265 of 2002 filed by the applicant against the order of conviction and sentence passed by the learned 2nd Addl. Sessions : 2 : Judge at Kalyan in Sessions Case No.43 of 2000 has been admitted by this Court and the same is already in the final hearing board as at present. 3. In the meanwhile, it is stated by the applicant that recently he obtained the school leaving certificate issued by Sushila Sinha Hindi Primary School, Ulhasnagar, Dist. Thane, where the applicant claimed to have studied. He was admitted in the same school on 15.6.1992 and he left the said school on 20.3.1995. As per the said certificate, his date of birth is 10.7.1985. 4. The date of offence, which is subject matter of the trial Court in Sessions Case No.43 of 2000, was 29.12.1999 and the applicant claims that as on that date he was about 14 years of age. However, the impugned order of conviction and sentence shows that he was 22 years of age at the time of commission of offence and the applicant had not raised the plea of being a minor of 16 years of age, while he was tried in Sessions Case No. 43 of 2000. 5. However, as per the well established position in law, an inquiry will have to be caused into the claim of the applicant about his being a minor on the date of the offence, in view of the Juvenile Justice (Care and Protection of Children) Act, 2000 and the subsequent amendments : 3 : therein. Such an inquiry can be done efficaciously by the very same Court which has passed the order of conviction and sentence. 6. We, therefore, direct the 2nd Addl. Sessions Court at Kalyan to record the evidence and findings thereon on the claim of the applicant regarding his date of birth i.e. 10.7.1985. The applicant shall adduce evidence in support of his plea and the learned Prosecutor will undoubtedly be at liberty to cross-examine the witnesses and also adduce oral / documentary evidence, if any, to disprove the claim of the applicant. We direct the learned Addl. Sessions Judge, Kalyan to list the inquiry proceedings about the applicant’s claim of being juvenile / minor on the date of offence, on his board as expeditiously as possible and preferably before 31st December, 2009. 7. The application is allowed in terms of the above directions. Writ to go to the trial Court forthwith. 8. All concerned to act on authenticated copy of this order. [R.Y.GANOO, J.] [B.H. MARLAPALLE, J.]