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IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NOS.4793-4794 OF 2024 [ARISING FROM SLP(CRL.)NOS.3000-3001/2024]
SANTOSH KUMAR VISHWAKARMA APPELLANT(S)
VERSUS
STATE OF MADHYA PRADESH & ANR. RESPONDENT(S)
O R D E R
1. Leave granted.
2. By order dated 19.02.2024, a notice was
issued limited to the question of sentence.
3. The appellant had claimed juvenility for
which he had filed an application (IA
No.205146/2023) under Section 9(2) of the Juvenile
Justice (Care and Protection of Children) Act, for
declaring the applicant as juvenile on the date of
alleged occurrence. On the said application, a
direction was issued to the Trial Court to make an
inquiry and submit its report. After due inquiry,
the report has been received. According to the
report, the appellant was less than 16 years of
age on the date of the incident. There is no
objection to the said report of the Trial Court.
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4. A perusal of the same also reflects that
in the inquiry conducted by the Trial Court there
was participation of the State, the complainant
and the prosecutrix along with that of the accused
and their statements were also recorded.
5. Learned counsel for the appellant submits
that the appellant has already undergone 9 months
sentence, which fact is not disputed by the
learned counsel appearing for the respondent-State
of Madhya Pradesh.
6. Learned ...