Ranba Kishan Pawale vs The State Of Mah
2016 Latest Caselaw 123 Bom

                                         1          Cr. Appeal 357/2002

           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      BENCH AT AURANGABAD




                                                                            
                           CRIMINAL APPEAL NO. 357 OF 2002

    Ranba S/o Kishan Pawale




                                                   
    Age : 24 years, Occu.: Labourer,
    R/o : Umarai, Tq. Ambajogai,
    Dist. : Beed                                     .. Appellant/
                                                        Accused




                                                  
       Vs.

    The State of Maharashtra
    Through Police Station,
    Dharur, Tq. Dharur,




                                            
    Dist. Beed                                       .. Respondent
                                  
                                 ----
    Mr. V.D. Salunke, Advocate for the appellant
    Mr. A.R. Kale, A.P.P. for the respondent/State
                                 ----
                                 
                                           CORAM : M.T. JOSHI, J.

DATE : 26/02/2016 ORAL JUDGMENT :

Heard both sides.

2. The present appellant was convicted by the

learned IInd Additional Sessions Judge, Ambajogai vide

judgment and order dated 14/06/2002 passed in Sessions

Case no. 55 of 1995, for the offence punishable under

section 304 Part-II of the Indian Penal Code and was

sentenced to suffer rigorous imprisonment for 5 years

and to pay a fine of Rs.1000/-, in default to suffer

further rigorous imprisonment for a period of six

months.

2 Cr. Appeal 357/2002

3. According to the prosecution, at the time of

commission of the offence i.e. on 02/07/1996, the

present appellant was 17 years old. Necessary documents

like school leaving certificate was also collected by

the Investigating Officer and was proved at Exhibit 27

in the case.

4. In the circumstances, Mr. Salunke, learned

counsel for the appellant relies on the ratio in the

case of "Ketankumar Gopalbhai Tandel Vs. State of

Gujarat" 2013 (4) Bom. C.R. (Cri.) 56 and the true copy

of the judgment dated 03/02/2016 delivered by this Court

in Criminal Appeal No. 234 of 2000, wherein this Court

had an occasion to deal with the similar situation.

5. In view thereof, the benefit of the Juvenile

Justice (Care and Protection of Children) Act, 2000

would also be available to the appellant, who was above

16 years of age but below 18 years of age at the time of

commission of the offence. Copy of the aforesaid

judgment dated 03/02/2016 is taken on record and marked

as "X" for the purpose of identification.

3 Cr. Appeal 357/2002

6. According to the rules, the case would be

required to be relegated to the Juvenile Justice Board,

however, since the appellant is now 37 years old, any

order that wold be ultimately passed by the Juvenile

Justice Board would be of no consequence. In the

circumstances, the following order:-

7. Criminal Appeal is hereby allowed.

8.

The impugned judgment and order dated

14/06/2002 passed by the learned II Additional Sessions

Judge, Ambajogai in Sessions Case No. 55 of 1997,

convicting the present appellant for the offence

punishable under section 304 Part-II of the Indian Penal

Code, is hereby set aside. Instead, the appellant is

acquitted of the offence. His Bail bonds shall stand

cancelled.

[M.T. JOSHI] JUDGE arp/