The main legal point established in the judgment is that a person convicted as a juvenile at the time of the offence and has attained majority is entitled to immediate release.

JUDGMENT :

Rajesh Sekhri, J.-

This judgment shall put to quietus the present appeal handing fire for the last more than eight years as also the consequent ordeal of a juvenile in conflict with law incarcerated for about seventeen years.

2. The challenge in this appeal, in terms of Section 410 of the Code of Criminal Procedure Svt., 1989 (for short, Cr.P.C), has been thrown to the judgment of conviction dated 13.03.2014 and the order of sentence dated 27.03.2014, passed by learned 3rd Additional Sessions Judge (Fast Track Court), Jammu (hereinafter referred to as the trial Court), in File No. 16/Sessions titled State v. Mohd. Rashid alais Abdul Rashid, vide which appellant has been sentenced to death for offence under Section 302 of Ranbir Penal Code, 1989 (for short, RPC), rigorous life imprisonment and fine of Rs.10,000/- for offence under Section 376 RPC and seven years rigorous imprisonment and fine of Rs.2,000/- for offence under Section 363 RPC. On default in the payment of fine, he is also ordered to undergo six months rigorous imprisonment and simple imprisonment for four months respectively. The substantive sentences under Sections 376 & 363 RPC were ordered to run concurrently but would cease to have effect in case the sentence of death for conviction under Section 302 RPC is confirmed by this Court and the convict is executed.

3. Since the controversy, at hand, lies in a narrow compass, the facts in detail need not be traversed. However, as the factual matrix of the prosecution story would unfurl, on 28.08.2005, on the basis of source information, that an unidentified dead body of a young girl of about 12/13 years of age, lying near Kachhi Chawni crossing, outside Government Girls High School, Jammu had been taken by some passersby to the Government Medical College and Hospital Jammu, the Police agency swung into action and since the deceased had died under suspicious circumstances, inquest proceedings, under Section 174 Cr.P.C., were initiated to ascertain the cause of death. The deceased was identified by her brother, namely, Mujaffar Ahmad (PW-2). After autopsy, the dead body was handed over to the parents of the deceased and last rites of the deceased were performed in her native village at ‘Magam’in Kashmir.

4. On 10.09.2005, Abdul Rehman (PW-1), father of the deceased lodged a written report (EXT-P1) to the Senior Superintendent of Police, Jammu which was forwarded to Police Station Pacca Danga Jammu alleging, inter alia, that he was a resident of Anantnag but for the last 15 years, he was putting up in a rented accommodation, in House No. 35 at Rani Talab Jammu along with his son, Mujaffar Ahmed (PW-2) and the daughter (the victim). In the month of August, he went to his ancestral village Magam for cutting of grass, leaving behind both of his kids at Jammu. According to the complainant, on 28.08.2005, at about 8:00 P.M. the accused, who happens to be his nephew, taking advantage of his absence, visited his house at Jammu and enticed away his daughter, whose dead body was later identified by his son on 29.08.2005 in the hospital at Jammu. His son (PW-2) telephonically informed him and he rushed to Jammu. It was also alleged by the complainant that accused had earlier misbehaved with the deceased on a couple of occasions and on the complaint of the deceased he scolded the accused, slapped him and asked him not to visit their room. It was further stated by the complainant that after the post-mortem on 30.08.2005 by a Medical Board, the dead body was handed over to him. He took the dead body to his native village and performed the last rites of his daughter and since he was in shock and disturbed over the death of his daughter, he could not approach the police in time.

5. On the basis of this complaint of PW-1, FIR No.144 of 2005 came to be registered against the appellant-accused for the alleged commission of offences under Sections 302 and 376 RPC and investigation was assigned to Mohd. Showkat-Sub Inspector (PW-2