Madhu Radaku Waghe v. The State Of Maharashtra

BDPSPS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1251 OF 2017 IN CRIMINAL APPEAL NO.1003 OF 2012 Madhu Radaku Waghe ..... Applicant.

(Original Appellant.) V/s State of Maharashtra ...... Respondent.

Mr. Sanjiv Punalekar a/w Mr. Dharma Raj for the Applicant. Mr. H.I. Dedhia, APP for the Respondent/State. CORAM: B. R. GAVAI & SARANG V. KOTWAL, JJ.

DATE: 20th JUNE, 2018 P.C.:- 1] This application is filed by the Applicant, claiming that the Applicant was a juvenile in conflict with law on the date of commission of the offence.

2] Taking into consideration provisions of Section 7-A and 20 of the Juvenile Justice (Care and Protection of Children) Act, 2000, we find that, it will be interest of justice to direct inquiry to be conducted by the learned Sessions Judge, Alibag to find out as to whether the Applicant was a juvenile on the date of commission of the offence.. 3] Application is therefore allowed in the following terms. 1/3

(i) Applicant shall file an application before the learned Sessions Judge, Alibag alongwith documentary evidence in support of his claim that, he was juvenile in conflict with law on the date of commission of the offence.

(ii) Application to be entertained, if filed by the learned Advocate, who is appointed to appear on behalf of the Applicant by the High Court Legal Services Committee.

(iii) The said Application to be filed within two weeks from today.

(iv) Registry to ensure that record and proceedings is forwarded to the learned Sessions Judge, Alibag within the aforesaid period.

(v) The learned Sessions Judge, Alibag, upon receipt of the Application will decide the Application of the Applicant as expeditiously as possible and, in any case, within a period of six weeks from the date of 2/3

receipt of the Application and submit a report to this court.

(vi) Appeal to be heard after six weeks from the date of submission of the report to this Court by the learned Sessions Judge, Alibag.

(SARANG V. KOTWAL, J.) (B. R. GAVAI, J.) 3/3