years, even if convicted for a heinous offence, the
maximum sentence that can be awarded is 3 years stay in
a special home. In view of the above, according to learned
senior counsel the appellant is liable to be released
forthwith.
7.
Learned counsel for the State of Madhya Pradesh has
strenuously urged that the appellant be subjected to an
ossification test to determine the correct age, as according
to her, the documents filed during the inquiry before the
Trial Court are not covered under Section 94 of the 2015
Act, and therefore, the only option left was that an
ossification test be conducted by a medical board. No
other submission has been advanced on behalf of the
State.
8.
Before considering the submissions advanced by
learned counsel for the parties, it would be necessary to
first consider the inquiry report submitted by the Trial
Court dated 27.10.2022. If the said report is accepted and
6
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