By the Court.-For an offence that was committed on or about 27.1.1981. the petitioner was tried along with others and convicted by 1st Additional Sessions Judge, Ara, in Sessions Trial No. 11 of 1983 and sentenced to life imprisonment for an offence under Section 302 read with Sections 34/149 of the Indian Penal Code and Section 27 of the Arms Act judgment dated 6th of July, 1985. Thus, the trial came to an and on 6th of July. 1985. The petitioner thereafter preferred an appeal before this Court being Cr. Appeal No. 183 of 1985. which was heard and dismissed by a Division Bench of this Court by judgment dated 13th September, 1991. The petitioner then preferred Special Leave to Appeal (Criminal) No. 2544-45/92 before the Supreme Court, which appeal was summarily dismissed on 5.1.1996 for want of proof of surrender. However, liberty was given that if proof of surrender is filed, even later on, the Apex Court would consider reviving the matter.

2. It appears that subsequent1y the petitioner was taken into custody only on 12.7.2007 whereafter he is serving out his sentence but has chosen not to move the Apex Court reviving his appeal against his conviction.

3. By this writ application, the petitioner wants to be given the benefit of the alleged fact that he was a minor, under the age of eighteen years, on the date when the offence was committed and that being so his sentence of life imprisonment must be quashed and he must be released from imprisonment.

4. Firstly in order to substantiate the fact that on the date of occurrence i.e. 27. 1.1981, the petitioner was a minor, petitioner has annexed as Annexure 1 a certificate issued by the Principal of Ramanand High School, Birampur, District Bhojpur, which certificate was obtained and granted on 8.9.1981 that is almost nine months after the date of occurrence. The certificate is to the effect that the petitioner stopped his study with effect from 1st June, 1981, when he was a student of Class X and his date of birth, as recorded in the admission register, is 15.5.1966. It appears that having been made an accused in the case aforesaid, the petitioner was taken into custody. He had moved before 3rd Additional Sessions Judge. Ara, for bail in Cr. Misc. No. 1533 of 1981, which was disposed of by order dated 16.12.1981 (Annexure 2). The attention of this Court is drawn to the observations of the learned 3rd Additional Sessions Judge while disposing of this bail matter with regard to the certificate as aforesaid, (Annexure 1) as also the age, as estimated by the Judge, to be 16-17 years and grant of bail to the petitioner on the ground of his minority.

5. The fact remains that even though the petitioner claims to be a minor, he never pressed this issue any further except for bail, as noticed above. In the trial Court nor before the appellate Court Le. Division Bench, of this Court nor before the Apex Court, the issue of minority was ever raised. It may be noticed here that the trial Court in its judgment, delivered on 6.7.1985, assessed his age at 23 years, which would make him above eighteen years of age on the date of offence. This is being raised, for the first time, in this Criminal writ petition after fifteen years of his Special Leave Petition being dismissed by the Supreme Court. The question is whether once the Apex Court has dismissed his appeal against conviction and sentence, at this belated stage. Can he be permitted to raise this plea of being a minor on the date of offence being committed?

6. Learned counsel for the petitioner submits that when the offence was committed on 27.1.1981, the Bihar Children Act. 1970 was in force of which Section 2(d) defined a child-to mean a boy or a girl, who has not attained the age of eighteen years. In view of the certificate (Annexure 1) and the observation of the Judge, while granting bail (Annexure 2), he was less than eighteen years of age when the offence was said to have been committed and as such he was to get the protection under th