1 APPA.235-2011.sxw acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 235 OF 2011 IN CRIMINAL APPEAL NO. 869 OF 2007 Navnath Shivaji Pawar ...Applicant. Vs. The State of Maharashtra ..Respondent. -- Mr. Yug Mohit Choudhary, for the Applicant. Mr. H.J. Dedhia, APP for the Respondent State -- CORAM: B. H. MARLAPALLE & U. D. SALVI, JJ. Reserved on: 23rd February, 2011. Declared on : 16th March, 2011. P.C.: Heard. Perused the application and the record. 2 The applicant (original accused no.4) Navnath Shivaji Pawar, who was tried and convicted of the offences punishable under Section 302 read with Section 34, and Section 307 read with Section 34 of IPC, 1860 and 2 APPA.235-2011.sxw sentenced to life imprisonment and 10 years rigorous imprisonment respectively along with the other three accused in Sessions Case No.7 of 2001 by the learned Additional Sessions Judge, Satara, has moved this application for his release from the prison on the ground that at the time of the alleged commission i.e. on 28.08.2000 he was a juvenile within the meaning of Section 2k of the Juvenile Justice (Care and Protection of Children) Act, 2000. 3 According to the applicant he was born in village Ramnagar, Taluka-Satara, District-Satara on 20.06.1983 and the true copies of the certificates viz. i) School Leaving Certificate dated 9.4.2010 issued by the Headmaster of the Zilla Parishad Primary School, Ramnagar, Taluka-Satara ii) Bonafide certificate dated 27.4.2010 issued by the Principal of Jaisingh Mallhari Karpe High School, Taluka-District-Satara, iii) Certificate dated 3.5.2010 issued by the Principal of N.B. Deshmukh Kanishta Mahavidyalay, Satara and iv) Certificate of Age Nationality, Domicile dated 26.3.2010 issued by the Executive Magistrate, Satara annexed to the application as annexures A,B,C and D respectively do substantiate the fact of his birth on 20.6.1983. In the course of hearing, the applicant produced the originals of the said certificates as well as the original of S.S.C. examination certificate 3 APPA.235-2011.sxw and kept on record a copy of the Secondary School examination certificate in support of the said contention. On the face of such overwhelming material evincing the fact of the birth of the applicant on 20.6.1983 at Ramnagar, Taluka and District Satara, the respondent State had nothing to controvert the said fact. Obviously at the time of the alleged commission of the offence in the said case the applicant-accused was about seventeen years and two months old i.e. below eighteen years of age-a juvenile within the meaning of Section 2(k) of the Juvenile Justice (Care and Protection of Children) Act, 2000. 4 In the light of this position, the applicant has invoked the provisions of the Section 7A of the said Act and urged before us to record findings accordingly so as to do complete justice in the present case. It appears from the record that such a claim was not made before the trial court. However, it is pointed out that the Section 7A of the said Act casts duty on any court to enquire into the claim of juvenility at any stage, even after the final disposal of the case and to record its opinion/finding in that regard. From the material placed before us, we are of the opinion that the applicant-accused was a juvenile on the date of commission of the offence. 4 APPA.235-2011.sxw 5 In this view of the matter, the applicant-accused deserves to be released forthwith from the prison. Hence, the following order: Order of sentence passed against the applicant-accused no.4 Navnath Shivaji Pawar is hereby set aside and he shall be forthwith released from the prison. As the applicant-accused no.4 Navnath Shivaji Pawar is no more a juvenile within the meaning of Section 2(k) of the said Act, he need not be produced before the Juvenile Justice Board. 6 Criminal Application stands disposed off accordingly. Criminal Appeal to proceed for the remaining accused. (U. D. SALVI,J.) (B. H. MARLAPALLE,J.)