The main legal point established in the judgment is the retrospective application of the Juvenile Justice Act, 2000 to determine the appellant's juvenility at the time of the offense and the consequent order for his release.

Pramod Kumar Srivastava, J

This appeal has been filed against the judgment dated 24.8.1994 passed by VIII Additional Sessions Judge, Bareilly in Sessions Trial No. 121 of 1992, State Vs. Manglee, under section 302 I.P.C., P.S. Hafizganj, District Bareilly.

2. The prosecution case relating to sessions trial in brief is that Veerpal son of Sundar Lal aged about four years was missing from his house of village Navadia Vamanpuri, P.S. Hafizganj, District Bareilly since 25.09.1991, 2: 00 a.m. He was last seen in front of his house at 2: 00 p.m. in afternoon of 25.09.1991, when Manglee son of Umrai Lal Kurmi of same village came near him and thereafter he was seen going with Manglee. When Veerpal did not return, then Manglee was inquired, who pleaded ignorance about Veerpal. Later Prem Raj and Ganga Singh of same village had informed the complainant Gopal Dev, the uncle of Veerpal, that they had seen Veerpal with Manglee at about 3: 00 p.m. near the sugarcane field of Bahadur Singh, then complainant and other persons went near sugarcane of Bahadur Singh and saw Veerpal lying dead in the field. There were injuries over his body and his knicker was also lying separately. Earlier Manglee had attempted to satisfy his unnatural lust with Veerpal but could not succeed, so complainant Gopal Dev believed that it was Manglee, who after satisfying his lust, had committed murder of Veerpal. Then he reported the matter in police by his written report dated 26.9.1991 at about 3: 00 p.m. On the basis of this report, Case Crime No. 260 of 1991, under section 302, 201 I.P.C. was registered and after completion of investigation, the police had submitted charge sheet against accused Manglee.

3. On the basis of charge sheet received in the matter, Sessions Trial No. 121 of 1992, State Vs. Manglee, was registered in which accused was charged of offences under sections 302, 377 I.P.C. The accused denied the charges and requested for his trial.

4. The prosecution side had examined PW-1, Gopal Dev, the complainant, PW-2 Chameli Devi, the mother of deceased Veerpal, PW-3 Ganga Singh, PW-4 Prem Raj, PW-5 Bahadur Singh, PW-6 Mithai Lal, PW-7 Dr. Sudhir Chandra, PW-8 Karanveer Singh, PW-9 S.I. Nawab Singh, PW-10 S.I. N.N. Pandey. These witnesses had proved document ary as well as material exhibits of the prosecution side.

5. After closure of prosecution evidence, the statement of accused Manglee under section 313 CrPC was recorded, in which he had denied the prosecution case and stated that evidences adduced against him are false and concocted, no weapon was recovered on his information, case was registered against him due to enmity, complainant had intention of usurping his land and the witnesses were relatives of complainant. Defence side had not adduced any oral or documentary evidence.

6. After affording opportunity of hearing to parties, the trial court, namely, VIIIth Additional Sessions Judge, Bareilly had passed its judgment dated 16.8.1994, by which accused was convicted for the charge of offence under sections 302 and 377 I.P.C. Thereafter learned Sessions Judge heard the accused on the point of quantum of sentence and passed order, by which accused Manglee was sentenced for imprisonment of life for the charge of section 302 I.P.C. and was convicted for rigorous imprisonment of ten years for the charge of section 377 I.P.C. It was ordered that both the sentences would run concurrently. Aggrieved by this judgment of conviction and sentence, present appeal has been preferred by accused Manglee.

7. We have heard arguments of Sri Yogesh Srivastava, learned counsel for the appellant, and Sri A.N. Mulla, learned A.G.A., perused the record of the case and gone through the arguments adduced.

8. PW-7 Dr. Sudhir Chandra had carried out the postmortem of dead body of Veerpal and prepared postmortem report. He proved that following injuries were found on the dead body of Veerpal at the time of postmortem: -

1.Incised wound 3cm x 2cm x muscle deep on the