1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINALWRIT PETITION NO. 60 OF 2009 Radhabai Lahanu Parekar ...Petitioner VERSUS State of Maharashtra ...Respondent ..... Miss Rebecca Gonsalvez, advocate for the petitioner Shri B.J.Sonwane, A.P.P. for the respondent/State. CORAM : NARESH H. PATIL AND SHRIHARI P.DAVARE, JJ. DATE : 20.08.2009 PER COURT : 1 Heard Miss Rebecca Gonsalvez, learned counsel for the petitioner and Shri B.J.Sonwane, learned A.P.P. for the respondent/State. 2 The petitioner Radhabai Lahanu Parekar was convicted 2 to undergo sentence by the learned Additional Sessions Judge, Beed, in Sessions Case No. 42 of 1994 on 23.8.1994. The petitioner’s contention is that she was born on 14.8.1980 in Kordewadi, District Beed. The petitioner places reliance on school leaving certificate issued on 20.9.1994, which mentions her date of birth as 14.8.1980. This Court had issued notice to the Head Master, Primary School, Kacharwadi, Taluka Kaij, District Beed. Accordingly, relevant register regarding the school admission register entry was produced before this Court on the earlier occasion. 3 The learned counsel appearing for the parties state that page nos. 92 and 93 is the extract of the said original school admission register which was produced before this Court through the custody of the Head Master of the school, which now forms part as Annexure to the affidavit in reply filed by the State. The school admission register mentions date of birth of the petitioner as 14.8.1980. 4 The learned counsel appearing for the petitioner submits that in view of the provisions of the Juvenile Justice (Care & Protection of Children) Act, 2000, as amended by The Juvenile Justice (Care and Protection of Children) Amendment Act, 2006 3 (33 of 2006) and the Rules framed thereunder, the petitioner was a juvenile in conflict with law on the date of commission of the offence. Therefore, the petitioner deserves to be released from the prison. 5 The respondent has raised certain objections to the claim of the petitioner by recording statements of parents of the petitioner Radhabai, Satibhan Korde and Sarpanch Gandharibai of village Kordewadi. It is contended by the State that there is no entry in the village record of birth of the petitioner. In other words, the learned A.P.P. Shri Sonwane contends that basis of entry in the school record relating to the birth of the petitioner is not correct and becomes doubtful. Therefore, further evidence is necessary to ascertain as to whether the petitioner was a juvenile on the date of commission of offence in accordance with the provisions of the Act. 6 The learned counsel for the petitioner placed reliance on several judgments in support of her contention that based on the school leaving or school admission register entry, this Court could form opinion regarding the petitioner’s plea of she being juvenile, as these certificates are considered as conclusive evidence of the petitioner’s claim to be juvenile. Reliance was 4 placed on the Juvenile Justice (Care and Protection of Children) Rules, 2007. 7 Prima facie, we find the petitioner’s contention to be substantial, but in view of the fact that the State has raised certain disputes, in the facts of the case, we find it necess;ary that abundant care and caution is required to be taken by this Court before we reach some conclusion. The Juvenile Act, 2006 and Rules of 2007 is a beneficial legislation as amended from time to time and operates retrospectively and it is now settled position of law that even after final disposal of the case, a convict is entitled to approach any Court for claiming benefit of he or she being juvenile on the date of commission of offence. 8 In the facts of the case, we find that ossification test of the petitioner Radhabai Lahanu Parekar so as to determine her present age would be necessary. It is informed that at present the petitioner is undergoing sentence at Yerwada Jail, Pune. We, therefore, pass the following order. O R D E R The Superintendent, Yerwada Central Prison, Pune is 5 directed to get done the ossification test of Radhabai Lahanu Parekar, convict undergoing life sentence in Sessions Case No. 42 of 1994, from the competent authorities of Sasoon Hospital, Pune at the earliest and submit report through the Public Prosecutor, High Court, Aurangabad to this court in a sealed cover. We direct that the report should reach this court on priority basis. The report shall be submitted to this Court by the State on or before 4.9.2009. The parties to act on the authenticated copy of this order signed by the Sherastedar of this Court. S.O. to 4.9.2009 High on Board. (SHRIHARI P. DAVARE, J.) (NARESH H. PATIL, J.) dbm/crwp60.09