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Head Note

Juvenile Justice (Care And Protection of Children) Act, 2000  - Juvenile Justice , Indian Penal Code,1860  - Section 307 , Section 392 , Section 341 , Section 34 , Section 506 , Constitution of India, 1950  - Article 21 , Section 32 , The Arms Act,1959  - Section 3 , Section 5 , Section 25 , Section 27

Santosh Kumar (deceased) along with servant - Returning house with cash - Reached near hospital of Dr. Desh Pandey at Ahmednagar - Two unknown persons on Motorcycle - Demanded money bag - Refused - Pillion rider got down - Threatened to kill him - If bag not given - Taken out revolver - Fired - Resulted injury on chest - Relatives - Took him to Hospital - Declared dead - Complaint registered - Investigating Officer arrested accused - Additional Sessions Judge - Held - All four accused persons guilty - Offences under Sections 396, 506, 341, 379 read with Section 120-B IPC - Sentenced life imprisonment with fine Rs.3000/- - Section 3 r/w 25(1-B) and 5 r/w 27 of Arms Act - Sentenced - Rigorous imprisonment for 5 years with fine Rs.3000/- Appeals - High Court allowed appeals A-2 and A-3 - Dismissed appeals A-1 and A-4 - Appeals Supreme Court - SLP dismissed - Writ petition - Praying - Appellant juvenile not completed 18 years of age - Date of offence - Entitled - Benefit of - Provisions under Sections 2(l), 7A, 20 and 64 of the Act - Tried only by - Juvenile Justice Board - Applicability of Act - Retrospective effect - Claim of juvenility - Raised before any court at any stage - Even after final disposal - Already undergone 12 years - More than maximum - Petitioner be released - Writ Allowed.

Topic(s)-Claim of juvenility

Important Decision(s)- Claim of juvenility to be raised before any court at any stage, even after final disposal of the case.