( 1 ) PETITIONER was enrolled in the army on 15th December, 2000. He was posted in Rajasthan and thereafter for some offence of theft, a Court of Enquiry was ordered against the petitioner and after recording of summary of evidence, General Court Martial commenced and the petitioner was sentenced to suffer rigorous imprisonment for seven years and was dismissed from service.

MR. S. M. Dalal, learned counsel for the petitioner has challenged the proceedings under General Court Martial under the Army Act and has prayed that the conviction and sentence be quashed and the petitioner be released from jail. Another prayer in the writ petition is that petitioner be reinstated in service with consequential benefits. The first submission of learned counsel for the petitioner is that the petitioner was a juvenile and he could not have been tried by the provisions of General Court Martial under the Army Act. Mr. Dalal has contended that after coming into force of the Juvenile Justice (Care and Protection of Children) Act, 2000, the applicability of the said Act is to the whole of India except the State of Jammu and Kashmir. He has placed reliance on Section 2 (k) which defin