- (1.)This writ petition was filed by the Petitioner claiming the benefit of the provision under the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter called, 'the Act'). The Petitioner claimed that he was born on 14th April, 1980 and that the incident occurred on 18th June, 1997. He, therefore, claimed that since he was 17 years 2 months and 4 days old on the date of commission of offence, though his conviction Under Section 302 by the trial Court was affirmed by the High Court as well as by this Court by order dated 7th July, 2011, by virtue of Section 7A of the Act, he was entitled for the benefit of the provisions contained in the Act.
(2.)On 22nd April, 2013, this Court issued notice in this writ petition. On 15th July, 2013, while enlarging the Petitioner on bail, a Report was called for from the Juvenile Justice Board, Datia, Madhya Pradesh.
(3.)A perusal of the said Report discloses that the District Education Officer and Assistant Teacher of Pandit Nehru Primary School, Kasba-Banmore, District Morena, were examined apart from production of original mark sheets of Class 2nd, 3rd, 7th, 9th, and 11th standards. Based on the analysis of the above oral and documentary evidence, it was found that the Petitioner was really born on 14th April, 1980. It is, therefore, reported that on the date of occurrence i.e. on 18th June, 1997 the Petitioner was 17 years, 2 months and 4 days old.