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2019 Supreme(Ker) 415

A.M.SHAFFIQUE, N.ANIL KUMAR
Abhilash, s/o. Balan – Appellant
Versus
State of Kerala – Respondent


ORDER :

Shaffique, J.

This is an application filed by the first appellant/accused seeking suspension of sentence. The petitioner is the first accused in Sessions Case No.129/2015 of the Court of Sessions, Palakkad. By judgment dated 11/4/2019, petitioner along with another accused had been convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs.4,00,000/-each with default sentence of rigorous imprisonment for four years each for the offence punishable u/s 302 r/w S.34 of I.P.C. They are also sentenced to undergo rigorous imprisonment for 10 years each for the offence u/s 397 r/w S.34 of I.P.C. While seeking for suspension of sentence, the petitioner had produced a birth certificate as Annexure A thereby indicating that he was born on 29/11/1992 and as on the date of commission of offence, i.e., on 2/6/2010, the petitioner was a juvenile as he has not completed the age of 18 years. It is therefore contended that the entire trial process including the conviction and sentence imposed on the petitioner is vitiated and the judgment is non est in law and he is entitled to have the conviction and sentence imposed against him dislodged. Though several other grounds h
































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