Jaista Venkatesh vs The State Of Andhra Pradesh
2024 Latest Caselaw 10115 AP

Andhra Pradesh High Court - Amravati

Jaista Venkatesh vs The State Of Andhra Pradesh on 11 November, 2024

Author: K.Suresh Reddy

Bench: K Suresh Reddy

HIGH COURT OF ANDHRA PRADESH MAIN CASE : Crl.A.No.43 of 2024

PROCEEDING SHEET

Sl. OFFIC No DATE ORDER E NOTE

7. 11.11.2024 KSR, J & SRK,J (per Hon'ble Sri Justice K.Suresh Reddy)

I.A.No.5 of 2024

The present application is filed by the

petitioner/appellant/A2 in Sessions Case No.92 of 2016 on the file

of the Court of VII Additional District and Sessions Judge, Gudur.

He along with two others were tried by the learned Sessions

Judge for the offence under Sections 302, 120-B, 201, 379 read

with 34 of IPC. After completion of trial, learned VII Additional

District and Sessions Judge, Gudur, convicted A.1 to A.3 for the

offence under Section 302 read with 34 of IPC and sentenced

each of them to undergo imprisonment for 'LIFE', apart from

payment of fine. The learned Sessions Judge further sentenced

them to suffer 'LIFE' imprisonment apart from payment of fine for

the offence under Section 120-B IPC; further sentenced them to

undergo imprisonment for a period of two years each for the

offence under Section 379 read with 34 IPC. They were further

sentenced to undergo rigorous imprisonment for a period of two

years besides fine amount for the offence under Section 201 read with 34 IPC. The judgment was pronounced on 01.12.2023.

Learned counsel for the petitioner contends that the

petitioner is a juvenile as on the date of offence and as per the

study certificate of the petitioner issued by the MPP School,

Pernamitta, S.N.Padu Mandal, his date of birth is 18.06.1999 and

he was only 16 years old by the date of commission of offence.

On the other hand, learned Public Prosecutor has filed a

copy of study certificate issued by the MPP School, Pernamitta

along with counter, which indicates the date of birth of the

petitioner is 18.06.1999.

In view of the above facts, the Jail Authorities are directed

to produce the petitioner before the concerned Juvenile Justice

Board. Upon such production, the Juvenile Justice Board is

directed to conduct an enquiry as to whether the petitioner is a

Juvenile as on the date of offence or not and to submit a report

before this Court within a period of two (02) weeks from the date

of receipt of a copy of this order.

Post after two (02) weeks.

__________________ K.SURESH REDDY, J

______________________ K.SREENIVASA REDDY, J SAB / TSNR