IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.371 OF 2002 Mohammed Riaz Mohammed Shahid, Age 20 years, Occ. student, r/o. Murginala, Aurangabad. ...APPLICANT (ACCUSED) VERSUS The State of Maharashtra. ...RESPONDENT (complainant) ... Mr.Amol Gandhi, Advocate, for the applicant. Mrs.B.R.Khekale, APP, for respondent State. ... CORAM : K.U.CHANDIWAL, J. DATE : 2/9/2009 *** PER COURT : 1. Heard learned Counsel for the applicant and learned A.P.P. 2. The applicant is aggrieved by the order dt.31.1.2002, passed by the second Additional Ad hoc Sessions Judge, below Exh.8 in Sessions Case No.176/1999, whereby the learned Judge has rejected the application filed by the applicant for transferring his case to the Juvenile Board. 3. The accused/applicant canvassed that, on the date of incident dt.18.12.1997, he was 16 years and four months old, in the light of the birth record of Municipal Corporation, Aurangabad, showing his date of birth as 19th August, 1981. The applicant has canvassed that in view of Juvenile Justice (Care and Protection of Children) Act, 2000, which has come into force on 1st April, 2001, he falls in the definition given in Section 2(k) of 'juvenile" or "child" which indicates, a person who has not completed eighteenth years of age and, therefore, he seeks transfer of his case to Juvenile Justice Board. 4. The Government has promulgated Juvenile Justice(Care and Protection of the Children) Rules, 2007 and in view of the judgment in the matter of Pratap Singh Vs. State of Jharkhand and another ( ( 2005 ALL MR (Cri) 2258) (S.C.) Section 2(1) was amended to define a "juvenile in conflict with law" as a "juvenile who is alleged to have committed an offence and has not completed eighteen years of age as on the date of commission of such offence". Section 7A was introduced in 2000 Act and Section 20 thereof was amended whereas Rule 12 was included in the Juvenile Justice Rules, 2007, which gave retrospective effect to the provisions of Juvenile Justice Act, 2000. Section 7A of Juvenile Justice Act provides that claim of juvenility may be raised before any court and at any stage as has been done in this case. It was in this scenario, the learned Judge was required to consider the position. 5. In view of amendment introduced in Section 20 of 2000 Act whereby proviso and explanation were added to Section 20 which has made it clear that it is applicable in pending cases, the applicant herein was entitled to the benefit thereof as he will be covered by the definition of "Juvenile" or "child" which means a person who has not completed eighteenth years of age. In the situation, it was incumbent on the learned Judge to have transferred the case of the accused/applicant to the Juvenile Justice Board. 6. Consequently, the application is allowed. The case of the accused/applicant be transferred from the file of learned Additional Sessions Judge, at Aurangabad, to Juvenile Justice Board. Application allowed in above terms. Rule made absolute accordingly. ( K.U.CHANDIWAL) JUDGE agp/371-02crapl