The High Court of Bombay referred a criminal application to the Trial Court to determine the applicant's age. Directions were issued to complete the inquiry within three months, with the applicant remaining on sentence during the pendency.
Referral of the application to the Trial Court; directions to complete enquiry within three months.
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mgj
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
Criminal Application No.736 of 2009 in
CRIMINAL APPEAL NO. 790 OF 2007
Ganpati Vijay Kumar Kondar
..Applicant
vs.
State of Maharashtra
..Respondent
Ms.Sunita Sharma for applicant.
Mr. A. S. Gadkari, A.P. P. for the respondent State.
CORAM : J. N. PATEL & A. A. SAYED, JJ.
DATE : 12th NOVEMBER, 2009
P.C. :
Heard.
2 This is an application filed by one of the convicts Ganpati
Vijay Kondar who has preferred an appeal against his conviction under sections 302, 201 read with sec. 34 of I.P.C. by the Court of Sessions at Palghar, District Thane in Sessions Case No.179 of 2005 by judgment and order dated 9th August, 2005. It is the specific case of the applicant that
he has not taken such a plea of being juvenile during the trial in
spite of the fact that certificates were available to him. In support of his application, the applicant has annexed the certificate of birth which
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records his date of birth as 19th September, 1987 as well as school leaving certificate of Municipal Primary School which records the date of birth as 10th April, 1987. In view of the issue being raised at this stage, we refer this application to the Trial Court to determine the age of the applicant/convict in accordance with law as on the date of alleged offence alleged to have been committed.
3 The learned Counsel appearing for the applicant states that the applicant will extend all possible cooperation in the matter if required to lead evidence. We make it clear that it will be open for the learned Trial Court to receive all necessary evidence by sending the applicant to the Medical Board for examination.
4 We expect that the learned Trial Court would complete the enquiry within a period of three months i.e. on or before 12th February, 2010 from the date of communication of this order. The applicant to communicate the order to the Trial Court. During the pendency of the enquiry the applicant would not be entitled for release on bail by suspending the sentence or otherwise.
5 The application stands disposed of.
2 issues framed by the court
Whether to refer the application to the Trial Court to determine the age of the applicant/convict.
Whether the applicant is entitled to any relief during the pendency of the age enquiry.
1 provisions across 1 enactments
Ganpati Vijay Kumar Kondar
State of Maharashtra
J. N. PATEL
A. A. SAYED
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
