Judgment

VENKATARAMIAH, J. :- The main question involved in this appeal by Special Leave is whether on the coming into force of section 433A of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) an adolescent offender who is sentenced to imprisonment for life on being convicted of an offence for which death is also one of the punishments prescribed by law and who later on is by an order made by the State Government directed to be sent to a Borstal School under section 10-A of the Andhra Borstal Schools Act, 1925 (hereinafter referred to as the Act) is liable to be kept in a Borstal School or in a prison at least for a period of fourteen years.

2. The respondent Vallabhapuram Ravi was born on April 28, 1960. Unfortunately owing to an incident which took place when. he was still in his teens, he was convicted of an offence punishable under section 302 of the Indian Penal Code and sentenced to imprisonment for life on April 29, 1980 in the Sessions Case No. 51 of 1980 on the file of the Sessions Judge, Guntur in the State of Andhra Pradesh. On September 12, 1980 the State Government of Andhra Pradesh on being satisfied that it would be to the advantage of the re