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2023 Supreme(Mad) 3374

S. S. SUNDAR, SUNDER MOHAN
Dhanalakshmi – Appellant
Versus
State of Tamil Nadu – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: C.S.S. Pillai.
For the Respondents: E. Raj Thilak, C. Aravind.

ORDER :

1. This is an unfortunate case of a juvenile being tried as an adult, and convicted, and sentenced to imprisonment, and later found that he was a juvenile.

2. The brief facts leading to the filing of the above petition are as follows:

    (a) The prison inmate who is the son of the petitioner was tried in S.C.No. 181 of 2011.

(b) The learned Assistant Sessions Judge, Panruti by the judgment dated 14.10.2011 found the prison inmate guilty of the offence under Section 394 of the IPC and sentenced him to undergo ten years rigorous imprisonment and to pay a fine of Rs.1,000/- in default to undergo one year of rigorous imprisonment.

(c) The prison inmate Dakshinamurthy filed an appeal before this Court in Crl.A. No. 763 of 2011. This Court, by judgment dated 22.02.2019 confirmed the judgment of the trial Court and dismissed the appeal. Thereafter, the prison inmate is serving the sentence and is now confined in Central Prison, Cuddalore.

(d) It appears that subsequently it was found that the prison inmate Dakshinamurthy was a juvenile at the time of the commission of offence on 03.07.2009, as he was born on 10.07.1991.

(e) Thereafter, the brother of the prison inmate filed a habeas corpus

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