1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.346 OF 2011 Mohammed Ahzmad Mohd. Salim Ansari Petitioner versus The State of Maharashtra Respondent Mr.D.P.Adsule, APP for the State. CORAM : A.M.KHANWILKAR AND S.J.KATHAWALLA, JJ. DATE : 14th February 2011 PC : 1. This letter petition is received through jail. The petitioner asserts that he was a minor on the date of incident. He was arrested on 27th September 2008 in connection with the offence in question. At that time he was only 16 years 8 months and 24 days old. He further asserts that his present age is 17 years 11 months and 24 days. The fact remains that the petitioner faced the trial before the Sessions Court where finding of guilt is recorded against him. According to the letter petition, he has been convicted by the Sessions Court, at Mumbai vide judgment and order dated 25th February 2010 in Sessions Case No.801 of 2008 for offence punishable under section 489(B)(C) of the Indian Penal Code. 2. The petitioner could have raised the plea now taken in the present petition before the said Court which is the Court of first instance where factual position about the age of the petitioner could have been ascertained by way of appropriate enquiry. Even if the trial is finally concluded, in view of the expansive provisions contained in section 7(A) 2 of the Juvinile Justice (Care and Protection of Children) Act, 2000, it would be open to the petitioner to pursue his remedy before the Sessions Court, at Mumbai. 3. Recently we had an occasion to consider a similar request in the case of Hirabai Dadarao @ Shrikant Patole Vs. State of Maharashtra in Criminal Application No.1567 of 2010 in Criminal Appeal No.90 of 1997 decided on 21st January 2011. For the reasons mentioned in the said decision, we would dispose of this petition and direct the registry of the High Court to forward the letter petition sent by the petitioner to the Sessions Court, Shivri, at Mumbai to enquire into the factum of the age of the petitioner at the time of commission of offence. If upon such an enquiry the Sessions Court, Shivri, at Mumbai takes a view that the petitioner was in fact minor on the date of commission of the offence, it may proceed to pass appropriate order so as to give effect to the provisions of the said Act of 2000 by reducing the sentence period of the petitioner to the extent of period provided under the Act. 4. The registry of High Court shall forward the letter petition and the original certificate sent by the petitioner through jail to the Sessions Court, Shivri, at Mumbai not later than two weeks from today. On receipt of the said proceedings, the Sessions Court, Shivri, at Mumbai may register the same as a substantive application under the provisions of the said Act of 2000 and proceed with the enquiry in accordance with law as expeditiously as possible and in any case to be concluded not later than four months from the date of initiation of the proceedings. (S.J.KATHAWALLA, J.) (A.M.KHANWILKAR, J.)