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Hiralal Vs. State of Jammu and Kashmir - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtSupreme Court of India
Decided On
Case NumberWrit Petition Criminal No. 2632 of 1983
Judge
Reported inAIR1984SC1239; 1984CriLJ995; 1984(1)SCALE642; 1984(16)LC1030(SC)
AppellantHiralal
RespondentState of Jammu and Kashmir
Excerpt:
- juvenile justice act (53 of 1986) sections 2(h) & 20 (since repealed): [s.b.sinha & dr.mukundakam sharma,jj] determination of age of juvenile held, while calculating a persons age, the day of his birth must be counted as a whole day and any specified age in law is to be computed as having been attained on the day preceding the anniversary of the birthday. a legal day commences at 12 oclock midnight and continue until the same hour the following night. thus, when the accused was born on 10-5-1978, the said day was to be counted as a whole day and it could not be said that he had attained the age of 16 years before 12 oclock in the midnight of the previous day, i.e. 9-5-1994. the offence being committed at about 1.00 p.m. on 9-5-1994 he was a juvenile at time of offence. .....arora, learned counsel for the petitioner and mr. altaf ahmad, learned counsel for the state, of jammu & kashmir.3. the petitioner was under 20 years of age at the time of the commission of the offence. he was convicted for committing murder and was awarded capital punishment by the learned sessions judge. in appeal the sentence was commuted to life imprisonment by the high court of jammu & kashmir.4. the petitioner is in jail uninterruptedly from the date of his arrest i.e. june 24, 1974. today, he has not completed 10 years of actual sentence. but mr. altaf ahmad, learned counsel pointed out that with remission he has completed 10 years of sentence.5. rule 516-b(b) of the punjab jail manual in its application to the state of jammu & kashmir provides that the case of a male prisoner.....
Judgment:
ORDER

1. Rule Nisi.

2. We heard Mr. T.S. Arora, learned Counsel for the petitioner and Mr. Altaf Ahmad, learned Counsel For the State, of Jammu & Kashmir.

3. The petitioner was under 20 years of age at the time of the commission of the offence. He was convicted for committing murder and was awarded capital punishment by the learned Sessions Judge. In appeal the sentence was commuted to life imprisonment by the High Court of Jammu & Kashmir.

4. The petitioner is in jail uninterruptedly from the date of his arrest i.e. June 24, 1974. Today, he has not completed 10 years of actual sentence. But Mr. Altaf Ahmad, learned Counsel pointed out that with remission he has completed 10 years of sentence.

5. Rule 516-B(b) of the Punjab Jail Manual in its application to the State of Jammu & Kashmir provides that the case of a male prisoner under 20 years of age at the time of the commission of the offence who is undergoing:

(iv) a single sentence of more than 20 years shall be submitted through the Inspector General or Prisons Punjab (State of Jammu & Kashmir) for the orders of the State Government where the prisoner has undergone a period of detention in jail amounting together with remission earned to 10 years.

6. It appears that the Standing Board constituted for considering cases for premature release has not considered the case of the petitioner in terms of the relevant rule herein quoted. Therefore, this petition is allowed to the extent that the State of Jammu & Kashmir and the Standing Board are directed to consider the case of the petitioner for premature release in terms of Rules 516(B)(b)(iv) in its next meeting.

7. With this direction, the writ petition is disposed, of Order dated April 16, 1984 in Writ Petition (CRL) No. 2632 of 1983.


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