2016 ALL SCR (Cri) 1757
A. K. SIKRI AND N. V. RAMANA, JJ.
Raju Vs. State of Madhya Pradesh
Criminal Appeal No.917 of 2016
27th September, 2016.
Petitioner Counsel: Mr. RISHI MALHOTRA
Respondent Counsel: Mr. NAVEEN SHARMA, Mr. SAURABH MISHRA
Penal Code (1860), S.302 - Murder - Appeal against conviction - Plea of juvenility - Appellant proved to be minor on date of incident - Incarceration suffered for more than 3 years by him - His remaining sentence set aside - If not on bail, he shall be released forthwith unless required in any other case in which he is tried as a major. (Para 4)
JUDGMENT :- Leave granted.
2. In this appeal filed by the appellant which is against his conviction under Section 302 of the Indian Penal Code by the Sessions Court and upheld by the High Court, main contention of the appellant is that he was a juvenile on the date of the incident, i.e., on 23.03.1996.
3. As such a plea was raised, the matter was directed to be inquired into by the Trial Court, i.e., by the Court of Additional District & Sessions Judge II, Tikamgarh, M.P. Inquiry report dated 01.08.2016 has been sent by the II Additional Sessions Judge, District Tikamgarh, M.P., wherein it is stated that on the date of the incident, the age of the appellant was 16 years 11 months and 08 days.
4. It is clear from the said report that the appellant was a minor on the date of incident. As he has already suffered incarceration for more than 3 years, his remaining sentence is set aside. If not on bail, the appellant shall be released forthwith unless required in any other case in which he is tried as a major.
5. The appeal is allowed in the aforesaid term.