penal code - sections 147 & 323--sentence--occurrence took place in 1977--held, it would be just & proper that accused be released on probation.;appeal partly allowed - section 2(k), 2(1), 7 & 40 & juvenile justice (care and protection of children) rules, 2007, rule 12 & 98 & juvenile justice act, 1986, section 2(h): [altamas kabir & cyriac joseph, jj] determination as to juvenile - appellant was found to have completed the age of 16 years and 13 days on the date of alleged occurrence - appellant was arrested on 30.11.1998 when the 1986 act was in force and under clause (h) of section 2 a juvenile was described to mean a child who had not attained the age of sixteen years or a girl who had not attained the age of eighteen years - it is with the enactment of the juvenile justice act, 2000, that in section 2(k) a juvenile or child was defined to mean a child who had not completed eighteen years of a ge which was given prospective prospect - appellant was about sixteen years of age on the date of commission of the alleged offence and had not completed eighteen years of age when the juvenile justice act, 2000, came into force - juvenile act, of 2000 has been given retrospective effect by rule 12 of juvenile justice rule, 2007 - as such, accused has to be treated as juvenile under the said act. - 2,000/- (rupees two thousand) with one surety in the like amount each before the sessions judge, jhalawar to appear and receive sentence during the period of 6 months and in the meantime to keep peace and be of good behaviour.m.c. jain, j.1. heard learned counsel for the appellants and learned public, prosecutor for the state.2. mr. goel on behalf of the appellant has simply urged that the appellants have been convicted for the offences under sections 147, 323 i.p.c. and have been sentenced to 1 year's rigorous imprisonment and to a fine of rs. 1000/- and in default of payment of fine, to undergo 3 months' rigorous imprisoment on each count.3. the occurrence took place as far back as on 26-4-1977. more than 6 years have elapsed. considering the circumstances of the case and particularly the time which has elapsed, in my opinion, it would be just and proper that the appellants may be instead of being sentenced, released on probation.4. accordingly, the appeal is partly allowed while maintaining the convictions of the appellants, instead of sentencing them, it is ordered that the appellants be released on their entering into a bond for a sum of rs. 2,000/- (rupees two thousand) with one surety in the like amount each before the sessions judge, jhalawar to appear and receive sentence during the period of 6 months and in the meantime to keep peace and be of good behaviour.5. learned counsel for the appellants prays for one month's time to submit the requisite bonds. time prayed for is allowed.