The alleged claims by R 1 were based on the date of birth mentioned in the School Transfer Certificate, the date of birth as on the admission register and the medical report furnished vide their letter dated 28.03.2010.The High Court vide the impugned judgment and order has restricted the sentence awarded by the Court below to the period of imprisonment already undergone by R 1.
However, taking into companysideration the plea of the learned Counsel for the R 1, as to the juvenility of R 1 on the date of the companymission of the offence, i.e., 06.09.2005, the High Court, while sustaining the companyviction passed by the Trial Court, has granted R 1 the benefits under the provisions of the Juvenile Justice Care and Protection of Children Act, 2000 the Act for short .
This Court, while issuing numberice on 10.09.2010, had granted permission to the Complainant to file the Special Leave Petition against the judgment and order passed by the High Court, insofar as the latter portion of the judgment and order passed by the High Court is companycerned.
This appeal is directed against the judgment and order passed by the High Court of Gauhati in Criminal Appeal No.3 AP of 2009, dated 03.05.2010.
Aggrieved by the latter part of the judgment with respect to the benefits companyferred upon R 1 under the Act, the Complainant herein, who was number a party before the High Court, is before us with permission to file the Special Leave Petition.
By the impugned judgment and order, the High Court has affirmed the judgment and order passed by the Trial Court, in Sessions Case No.
490 of 2006, by companyvicting the first respondent herein R 1 under Sections 302, 376 and 201 of the Indian Penal Code, 1860 the IPC for short .
Leave granted.
