1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO.6/2011 IN CRIMINAL APPEAL NO.7/2002 Ajay s/o Vasant Gajbhiye and another ...Versus... The State of Maharashtra, through P.S.O. Frezarpura, Amravati Applicant : - Ajay s/o Vasant Gajbhiye Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. [Mr. R.M. Daga, Adv. for appellants] [Mr. T.A. Mirza, APP for respondent] CORAM : A.H. JOSHI AND A.B. CHAUDHARI, JJ. DATE : 17.01.2011. 1. This application has been registered by the office as application for early hearing in Criminal Appeal No.7/2002. 2. Perused the application. 3. Heard learned A.P.P. for the respondent. 2 4. Office has treated this application as an application for early hearing. In fact, this application is liable to be treated as filed under Section 7-A of the Juvenile Justice (Care and Protection of Children) Act, 2000. 5. Applicant's claim is that on the date of offence, subject matter of Session Trial No.140/1991, took place i.e. on 8.2.1991, the applicant was of 17 years, 03 months and 13 days of age. His date of birth as claimed by him is 25.10.1973. He claims early decision of appeal. 6. By virtue of Section 7-A of the Juvenile Justice (Care and Protection of Children) Act, 2000, the applicant who claimed to be juvenile is entitled judicial adjudication as to fact of age and consequential relief, if any. The law on this point is well settled in the following judgments :- (I) Dharambir Vs. State of [NCT of Delhi] & another [(2010 5 SCC 344)], (II) Ganesh Ramjivan Kaithwas Vs. State of Mah. & another [Criminal Writ Petition No.31/2010, decided on 28th July, 2010] (Coram A.P. 3 Lavande & P.D. Kode, JJ.] and (III) Sunil Laxman Jawade Vs. State of Mah. & another [Criminal Writ Petition No.509 of 2010, decided on 25th November, 2010, [Coram : A.H. Joshi & A.R. Joshi, JJ.]. 7. We are satisfied that in view of Section 7-A of the Juvenile Justice (Care and Protection of Children) Act, 2000, it shall be open to the Court, who has passed the order of conviction and sentence, if an application is made by the convict, to decide the fact as to age of accused on the date of commission of offence, based on the correct date of birth, and record a finding whether the convict - petitioner was a juvenile on the date of commission of offence. If the finding is in favour of the claim of convict- petitioner, the Court will be within its jurisdiction to pass orders in accordance with law. 8. We need to record that learned APP does not dispute the legal position that the jurisdiction under Section 7-A of the Juvenile Justice (Care and Protection of Children) Act, 2000, applies equally to the Court passing the order of conviction. 4 9. Since the applicant is serving the sentence for life for conviction under Section 302 etc. of the Indian Penal Code, it would be appropriate to treat the applicant's application, which is registered by this office as application for early hearing to be the application under Section 7-A of the Juvenile Justice (Care and Protection of Children) Act, 2000. 10. Copy of application and annexures be transmitted to the Sessions Court, Amravati and it be heard and decided in accordance with law by any of the Sessions Judges to whom it may be alloted since the applicant is in jail. On the basis of the copies of papers produced by him, State be directed to file their reply and seek production of original records as may be traceable and decide the applicant's claim in accordance with law. 11. Applicant would be free to file fresh application and shall file original record before the Sessions Court urgently. 12. We direct the applicant as well as the P.P. to appear before the Sessions Judge to whom the matter 5 will be allotted on 21.02.2011. 13. Sessions Judge concerned shall decide the application within six months from the date of allotment. JUDGE JUDGE ssw