- (1.) LEAVE granted.
(2.) CHALLENGE in this appeal is mainly to the award of sentence to the appellant on his conviction for an offence under Section 302 read with Section 149 of the Indian Penal Code, 1860. On conviction, the Sessions Judge sentenced the appellant to undergo imprisonment for life and to pay a fine of Rs. 2,000/ with the default stipulation. By the impugned order, the High Court has affirmed the decision of the Trial Court. Since in this appeal we propose to deal only with the legal proposition urged on behalf of the appellant, we deem it unnecessary to state, in detail, the case of the prosecution against the appellant which resulted in his conviction. It would suffice to note that the incident in which the appellant is stated to have participated, took place on 28th August, 2002.
(3.) LEARNED Counsel appearing on behalf of the appellant has challenged the conviction of the appellant mainly on the ground that on the date of occurrence, the appellant was a juvenile and therefore, he should have been tried under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000 ('the Juvenile Justice Act' for short). Although it is conceded by learned Counsel for the appellant that this point was not specifically raised either before the Trial Court or the High Court but he submits that in the light of the provision contained in Section 7A of the Juvenile Justice Act, the question about juvenility of the appellant can be gone into even at this stage. Learned Counsel has also pointed out that in fact the High Court was aware of the fact that the appellant had not completed eighteen years of age as on the date of alleged commission of offence and was, thus, a 'juvenile' inasmuch as the fact of his being confined in Borstal Jail, Ludhiana, meant for housing a juvenile in conflict with law was mentioned in the application filed for grant of bail. It was, therefore, obligatory for the High Court to hold an inquiry itself for determination of the question of age of the appellant or cause an inquiry to be conducted and seek a report regarding the same.;