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2015 Supreme(SC) 776

PINAKI CHANDRA GHOSE, R.K.AGRAWAL
Ram Narain – Appellant
Versus
STATE OF U. P. – Respondent


ORDER :

1. This application has been filed to release the applicant from the prison on the ground mentioned in the petition that the petitioner-applicant has already served the sentence for more than 10 years and still is in jail. The petitioner-applicant was sentenced for life imprisonment for commission of offence under Section 302 of the Indian Penal Code, 1860 (“IPC” for short). Subsequent thereto he filed an application for declaration of his juvenility on the date of the incident, before the competent Court of jurisdiction, under the advice of his counsel, being Application No.259 of 2013. The Juvenile Justice Board vide its order dated 16.11.2013, a copy whereof is also annexed hereto, arrived at the conclusion that the age of the applicant on the date of the incident was 15 years 11 months 26 days only and thereby he was below 18 years at the time of occurring of incident. Accordingly, by the said order the Juvenile Justice Board declared him as a juvenile offender. It further appears that before the Juvenile Justice Board the applicant-petitioner produced a transfer certificate wherein his date of birth was recorded as December 25, 1960.

2. Learned counsel appearing for the










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