Angada Behera vs State Of Odisha
2021 Latest Caselaw 9473 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   CRA No.150 of 2001


            Angada Behera                               ....          Appellant
                                                       Mr. S. Swain, Advocate
                                          -versus-
            State of Odisha                             ...        Respondent
                                                        Mr. M.S. Sahoo, AGA


                        CORAM:
                        THE CHIEF JUSTICE
                        JUSTICE B. P. ROUTRAY
                                       ORDER

09.09.2021 Order No.

13. I.A.No.01 of 2021 & CRA No.150 of 2001

1. Pursuant to the order passed by this Court on 17th February, 2021, a detailed enquiry was conducted by the learned 2nd Additional Sessions Judge, Berhampur and the report dated 23rd March, 2021 has been submitted in which after examining the school certificates, the original school admission register and the T.C. foils produced by the Headmaster of the school where the Appellant was studying it has been categorically concluded that on the date of incident the Appellant was sixteen years and sixteen days old. The date of birth of the Appellant is established as 15th April, 1983 and the date of occurrence is 21st April, 1999.

2. In that view of the matter, the benefit of the Juvenile Justice Act has to be extended to the present Appellant. The impugned judgment and order of the learned 2nd Additional Sessions Judge, Berhampur dated 23th May, 2001 insofar as it convicts and

sentences the present Appellant is hereby set aside. Since the Appellant is on bail, his bail bonds are discharged. The Appellant shall be at liberty unless wanted in some other case.

3. The appeal is disposed of.

4. L.C.R. be returned forthwith.

5. Urgent certified copy of this order be issued as per rules.

(Dr. S. Muralidhar) Chief Justice

( B.P. Routray) Judge C.R. Biswal