IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 31ST MAY 2010 / 10TH JYAISTHA 1932 WP(C).No. 17381 of 2009(Q) ------------------------ PETITIONER(S): ----------- PATHEMUTHU, AGED 55, W/O. SIRAJUDEEN, ERATHU KIZHAKKATHIL, CHATHAMKULAM PERINAD VILLAGE, CHANDANATHOPPU.P.O. BY ADV. SRI.R.GIREESH VARMA RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY CHIEF SECRETARY SECRETARIAT, TRIVANDRUM. 2. JAIL SUPERINTENDENT, CENTRAL JAIL, TRIVANDRUM. GOVERNMENT PLEADER SRI.C.S. HRITHICK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR,J. ....................................... W.P. (c ) No. 17381 of 2009 ........................................... Dated this the 31st day of May, 2010 JUDGMENT This Writ Petition is filed by the mother of one Sirajudeen Nisamudeen @ Nissam who has been sentenced to imprisonment for life under Sec. 302 I.P.C. and rigorous imprisonment for five years under Sec. 392 I.P.C. by the Sessions Court, Kollam in S.C. 136/1995. His conviction and sentence were confirmed by this Court in Crl.A. No. 659 of 1996 as evidenced by Ext.P1 judgment dated 13-11-1997. The date of occurrence was 24-3-1994. 2. According to the petitioner, her son was not a juvenile as per the provisions of the Juvenile Justice Act, 1986 since on the date of occurrence he had already crossed 16 years of age, his date of birth being 24-2-1977. The petitioner would, however, place reliance upon the provisions of the Juvenile Justice (Care and Protection of Children ) Act, 2000, particularly, Section 7 A thereof to contend for the position that W.P. (c ) No. 17381 of 2009 -:2:- on the date of occurrence the petitioner's son was a juvenile as per the 2000 Act and, therefore, he is entitled to the benefit of the same by virtue of the decisions reported in 2008 (4) KLT 329 - Selvi v. State of Kerala and the Judgment dated 2-3- 2009 in W.P. (C) 1378 of 2009. 3. Ext.P2 is the photostat copy of the original birth certificate pertaining to the petitioner's son and borne on the Register of the Elamballoor Grama Panchayath showing that the petitioner's son was born on 24-2-1997. If the juvenality of the petitioner's son is reckoned with reference to the date of commission of the offence as per the provisions of the 2000 Act he will certainly be a juvenile entitled to the benefit of the 2000 Act. 4. The Circle Inspector, Kundara has filed a statement before this Court to the effect that Ext.P2 is the true copy of the birth register of the petitioner's son Nizamudheen and it shows that he was born on 24-2-1977. The statement further shows that while the boy was admitted in the SNSM HSS, Elamballoor his date of birth was shown as 20-5-1977 and that the same date is entered in the S.S.L.C. book of Nizamudheen. Since 24-2- W.P. (c ) No. 17381 of 2009 -:3:- 1977 is the date entered in the birth register of Elamballoor Grama Panchayath it is stated that is the date of birth of Nizamudeen. I do not think that no further enquiry is necessary. Accordingly, this Writ Petition is disposed of declaring that Nizamudheen who was the accused in S.C. 136 of 1995 on the file of the Sessions Court, Kollam was a juvenile in conflict with law as per Section 3 (1) of the Juvenile Justice (Care and Protection of Children) Act, 2000 on 24-3-1994, that is, the date of commission of the offence and that on a review of the case of the said juvenile under Sec. 64 of the 2000 Act it is directed that he be released from custody forthwith unless his continued detention is called for in connection with any other case. This Writ Petition is disposed of as above. V. RAMKUMAR, JUDGE.