Judgment

BAHARUL ISLAM, J.:- The question for consideration in this appeal by special leave is whether a person under 16 years of age and accused of an offence under S. 302, Penal Code can get the benefit of the Haryana Children Act, 1974 (hereinafter the Act). The undisputed facts are that the appellant along with three others was convicted of the offence of murder and sentenced to imprisonment for life by the Sessions Judge. The appeal was dismissed by the High Court. The appellant then filed an application for special leave to appeal under Article 136 of the Constitution. Leave was granted confined to the question of the applicability of the Act to his case. It is also not disputed that the appellant was less than 16 years at the time he first appeared before the trial Court. He was thus a child within the meaning of that term under Cl. (d) of Section 2 of the Act.

2. Mr. Prem Malhotra, learned counsel appearing for the appellant, submitted, that in view of Section 5 of Criminal P. C. 1973 (hereinafter called the Code), the appellant would get the benefit of the Act; while on the other hand, Mr. Bhagat appearing for the State, relying on Section 27 of the Code submitted that an of