1 wp-358-10.sxw dgm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 358 OF 2010 Suresh Peruswami Devendra .... Petitioner vs The State of Maharashtra .... Respondent Mr. J. S. Kapre i/by Mr.B.P.Jakhade for the petitioner. Mrs. M.M. Deshmukh, APP for respondent/State. CORAM: B.H. MARLAPALLE & ANOOP V. MOHTA, JJ. DATE : 2nd August, 2010 P.C.: Heard the learned appointed Advocate for the petitioner. Mrs. Deshmukh, the learned APP appears for the respondent-State. 2 This petition has been received from Nasik Road Central Prison, where the petitioner Shri Suresh Peruswamy Devendra is undergoing sentence. 3 The petitioner came to be tried in Sessions Case No.765/2007 and the learned Additional Sessions Judge at Sewree, Mumbai was pleased to convict the petitioner for the offence punishable under Section 302 of IPC vide his judgment and order dated 02.05.2008. During the trial of the said case, the petitioner was taken in custody and remained an under trial prisoner from 10.06.2007 2 wp-358-10.sxw which, in fact, is the date of the offence. 4 The petitioner now claims that he has not completed the age of 18 years as on 10.06.2007 and his parents were illiterate and could not have any documentary proof to show during the trial that he was a juvenile. We had, therefore, directed that the petitioner be subjected to medical examination so as to determine his age. The medical report received from the Radiologist of Civil Hospital at Nasik, states that on the date of the petitioner’s medical examination i.e. on 11.05.2010, his radiological age could bet between 19 to 20 years. Hence, as per this medical report, the petitioner was less than 17 years of age as on 10.06.2007 i.e. the date of the offence and, consequently, he would be entitled for the benefit under Section 7-A of the Juvenile Justice (Care and Protection of Children) Act, 2000. The Supreme Court in a recent case in the case of Dharambir vs. State (NCT of Delhi) & Anr., JT 2010 (6) SC 273, has reiterated the law in this regard and held that the benefit of Section 7A of the Juvenile Justice (Care and Protection of Children) Act, 2000 would be applicable to all those who were less than 18 years of age on the date of the offence. 5 It is also pertinent to note that the petitioner has been given the benefit of set off and he has, thus, completed a sentence of more than 3 years which is the maximum sentence to be awarded by the Juvenile Board/Court. 6 Hence, this petition succeeds and the same is hereby allowed. The Superintendent of Nasik Road Central Prison is hereby directed to release the 3 wp-358-10.sxw petitioner, on his having undergone the sentence, forthwith. 7 Writ to go to the Superintendent, Nasik Road Central Prison, Nasik forthwith, in addition to the authenticated copy to be made available to the learned APP. (ANOOP V. MOHTA, J.) ( B. H. MARLAPALLE, J.)