P. K. Lohra, J. - (1.) Accused-Petitioner, presently lodged at Special Juvenile Home, Magra Punjla, Jodhpur, has laid this revision petition under Section 102 of the Juvenile Justice (Care & Protection) Act, 2000 r/w Section 397/401 Cr.P.C., imploring annulment of judgment dated 27th of February 2018, passed by Addl. District & Sessions Judge, Barmer (for short, 'learned appellate Court'), as well as judgment dated 7th of June 2013, passed by Juvenile Justice Board (for short, 'learned Board').
(2.) The facts, in brief, giving rise to this revision petition are that a report was lodged against petitioner on 6th of July 2001 at Police Station Siwana, Barmer, which was registered as FIR No.96/2001, wherein he was charged for offence punishable under Sections 307, 447, 333, 324, 326 IPC and Section 4/25 of the Arms Act. Being juvenile at the time of incident, upon completion of investigation, charge-sheet for the aforesaid offences was submitted against the petitioner before learned Board. The learned Board, upon completion of trial, by its judgment dated 7th of June, 2013, convicted him for the charged offences and handed down sentences of different durations. The Board directed to lodge the petitioner in Special Juvenile Home. Feeling aggrieved by the judgment of learned Board, petitioner approached learned appellate Court and the learned appellate Court by its judgment dated 27th of February, 2018 upheld the verdict of learned Board.
(3.) Mr. Rajesh Joshi, learned Senior Counsel appearing for the petitioner, has argued only one point that during trial before the learned Board, petitioner attained majority by afflux of time, and therefore, keeping him in confinement at Special Juvenile Home solely on the basis of date of his delinquency is contrary to the Act of 2000. It is further submitted by learned counsel that he is not questioning the conviction of petitioner for the charged offences but his limited prayer is to release him from Special Juvenile Home as by allux of time he has attained majority and now not being a child in conflict with law, keeping him in Special Juvenile Home is wholly uncalled for and against the basic tenets of the Act of 2000.;