MGN IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, CRIMINAL JURISDICTION CRIMINAL APPEAL NO.490 OF 2005 WITH CRIMINAL APPLICATION NO.421 of 2008 Suresh Mahadu Urade ) currently aged about 28 years, ) Indian inhabitant, incarcerated ) at Kolhapur Central Prison, ) Kolhapur formerly a resident ) of village Vevaji Singalpada, ) Taluka Talasari, Dist. Thane. )...Appellant Vs. The State of Maharashtra ) (Through Gholvad Polcie Station ) Taluka Palghar, Dist. Thane. )...Respondent Dr. Y.M. Choudary, for the Appellant/Applicant. Mr. P.S. Hingorani, APP for the State. CORAM: F.I. CORAM: F.I. CORAM: F.I. REBELLO REBELLO REBELLO & K.U.CHANDIWAL, JJ. K.U.CHANDIWAL, JJ. K.U.CHANDIWAL, JJ. DATED: 2ND MAY 2008 DATED: 2ND MAY 2008 DATED: 2ND MAY 2008 ORAL JUDGMENT (PER F.I. REBELLO, J.): ORAL JUDGMENT (PER F.I. REBELLO, J.): ORAL JUDGMENT (PER F.I. REBELLO, J.): . The Appellant herein has been convicted for the offence punishable under Section 302 and sentenced to suffer R.I. for life and to pay fine of Rs.500/- or in default to suffer further R.I. for one month. The Appellant does not challenge his conviction. However, he has moved an application being Criminal Application No.421 of 2008 contending that on the date of the offence he was a "Juvenile in conflict with law" and consequently as he has undergone a period of more than 3 years which is the maximum order that could have been passed under Section 15 of the the Juvenile Justice (Care and Protection of Children) Act, 2000 he should be set forth at liberty at once. 2. According to the Applicant his date of birth is 5th January, 1979. For that purpose he relies on the birth certificate issued by the State of Maharashtra as also the School Leaving Certificate. The learned A.P.P. has taken instructions and has got the same verified and confirms that the documents are genuine. 3. In the instant case the offence took place on 1st June, 1996. Considering the date of birth the Appellant/Applicant would be aged 17 years 4 months and 26 days. 4. In Criminal Appeal No.750 of 2004 with Criminal Application No.420 of 2008 we have decided the issues of law as to what is the date which has to be considered for the applicant to get the benefit under the provisions of the Juvenile Justice (Care & Protection of Children) Amendment Act, 2006. We have held that it would be the date of the offence. Considering that the Appellant would have been 17 years 4 months 26 days on the date of offence and would, therefore, fall within the definition of Juvenile in conflict with law. In the light of that the Appeal and Application are disposed of with the following directions:- (a) The conviction of the Appellant/Applicant under Section 302 of I.P.C. is confirmed. (b) In so far as sentence is concerned, as the Appellant/Applicant has already undergone imprisonment of more than 3 years, the maximum provided under Section 15 of the Juvenile Justice (Care and Protection of Children) Act, 2000 the Appellant/Applicant is directed to be released forthwith if not required in any other matter. (c) Appeal disposed of accordingly. Application is allowed. (K.U.CHANDIWAL, J.) (K.U.CHANDIWAL, J.) (K.U.CHANDIWAL, J.) (F.I.REBELLO, J.) (F.I.REBELLO, J.) (F.I.REBELLO, J.)