D. N. Patel, J. - (1.) The present interlocutory application has been preferred with prayer to declare this appellant as juvenile as on date of offence i.e., on 15th September, 2004.
(2.) Having heard counsels for both the sides and looking to the facts and circumstances of the case, it appears that as per the allegations levelled against this appellant his date of birth is 19th February, 1988. The date of offence is 15th September 2004. The plea of juvenility was already canvassed before the learned trial Court which was rejected vide order dated 7th June, 2005 by the Additional Chief Judicial Magistrate-cum-Juvenile Court, Hazaribagh. Against this order, appeal was preferred by this appellant at the relevant time being Appeal Nos. 93 of 2005, 97 of 2005 and 105 of 2005 before the Court of Sessions Judge, Hazaribagh. The appeal preferred by this appellant was rejected by the Appellate Court vide order dated 20th July, 2005 and thus, for this appellant, the order passed by the learned Appellate Court has attained finality. Hence, the present application is nothing, but, an afterthought and we see no reason to entertain this application in view of the order passed by the Court of Sessions, Hazaribagh dated 20th July, 2005 and hence, this I.A. is hereby, dismissed. I.A. No. 1672 of 2014 & I.A. No. 4710 of 2015
(3.) These two interlocutory applications have been preferred for suspension of sentence awarded to this appellant by the learned Additional Sessions Judge-V, Hazaribagh in Sessions Trial No. 349 of 2005. The learned trial Court has convicted this appellant mainly for the offence punishable under Section 364-A to be read with Section 34 of the Indian Penal Code as well as for the offence punishable under Section 302 of the Indian Penal Code.;