Kumar Vs. State of Haryana  INSC 1442 (13 August 2009)
APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1517 OF 2009 [Arising out of
SLP(Crl.) No. 1824/2009] SANJEEV KUMAR ... APPELLANT(S) :VERSUS:
O R D E R
counsel for the appellant places reliance on the judgment of this Court in
Bhoop Ram v.
U.P., (1989) 3 SCC
has been consistently followed by this Court in various decisions rendered
attention has been drawn to a latest decision of this Court in Vineet Kumar
Gupta @ Dharminder v. State of Punjab, (Crl.A. No. 475/2009), decided on
6.3.2009, wherein the accused being a juvenile on the date of occurrence had
attained majority and hence he was not sent to a Special Home.
instant case, the appellant was 15= years of age on the date of commission of
the offence and now he should be about 26-27 years of age. In this view of the
matter and also in view of the aforesaid judgment, the appellant cannot be sent
to the Special Home now.
conviction of the appellant is maintained but his sentence is reduced to the
period already undergone by him. We order accordingly.
appellant is presently in the District Jail, Kurukshetra, Haryana. He is
directed to be released forthwith if not required in connection with any other
appeal is partly allowed in aforementioned terms.
.....................J (DALVEER BHANDARI)
.....................J (Dr. MUKUNDAKAM SHARMA)
AUGUST 13, 2009.