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2008 Supreme(Bom) 15

R.M.S.KHANDEPARKAR, A.A.SAYED
Saheb Sopan Kale – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared
Ms. Rebecca Gonsalves, Advocate appointed for the applicant.
Mrs. S. D. Shinde, APP for the respondent.

JUDGMENT

SRI R.M.S. KHANDEPARKAR, J.

Heard. By the present application, the applicant is seeking to recall the sentence imposed on him in Criminal Appeal No. 888 of 2004 by the order dated 11th October 2004, on the ground that he was juvenile in conflict with law, on the date of the offence, and therefore, considering the provisions of law, comprised under the Juvenile Justice (Care and Protection of Children) Act 2000, read with Juvenile Justice Act 1986, he could not have been sentenced for life imprisonment or for death but should have been ordered to be produced before the Board, in terms of provisions of law for necessary order in terms of Section 15 of the Juvenile Justice (Care and Protection of Children) Act 2000 (hereinafter called as the "Juvenile Act").

2. Since the application was received through Jail and the applicant was not represented by the advocate, Miss Rebecca Gonsalves advocate was appointed as amicus curie in the matter. We have heard the learned advocate as well as the learned APP for the respondent in the matter. We have also perused the records including those of Criminal Appeal No. 888 of 2004.

















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