ORDER

IA No. 7780 of 2020

1. The applicant viz. Isha Charan has been convicted along with others under Section 302 of the Indian Penal Code and sentenced with imprisonment for life in relation to an incident which took place on 30-11-1982.

2. The judgment and order of conviction was passed on 16-11-1985. Aggrieved, the petitioners preferred Criminal Appeal No. 3094 of 1985 before the High Court of Judicature at Allahabad. The criminal appeal has been dismissed by a judgment and order dated 21-07-2017.

3. It is claimed that the date of birth of the applicant viz. Isha Charan is 08-10-1965 and on the date of the occurrence i.e. 30-11-1982 she was only 17 years, 1 month and 22 days of age. Reliance has been placed on a school leaving certificate.

4. The plea of juvenility had possibly not been taken before the Trial Court as the trial was concluded and the applicant Isha Charan was convicted before the Juvenile Justice(Care and Protection of Children) Act, 2000 was enacted. However, Section 2(k) of the Juvenile Justice (Care and Protection of Children) Act, 2000, defines a "juvenile" or "child" as a person who has not completed eighteen years of age. A person who was a juvenile at the