Juvenile Justice (Care and Protection of Children) Act, 2000 – Petitioner and other co-accused convicted u/s. 302 r/w. s.34 IPC and sentenced to undergo imprisonment for life – High Court upheld the conviction and sentence – SLP also dismissed – Petitioner claimed juvenility – The Sessions Judge was directed to conduct an enquiry and to submit the report:
Held: The Additional Sessions Judge submitted the report after recording necessary evidence by summoning the concerned officials for the production of school records – The report of the Additional Sessions Judge confirmed the petitioner’s juvenility at the time of commission of the offence – The report has categorically come to the conclusion that the date of birth of petitioner is 02.05.1989 – If the date of birth of the petitioner is 02.05.1989, he was 16 years 7 months old as on the date of the crime, i.e., 21.12.2005 – In view of s.16 r/w. s.15(1)(g) of the Juvenile Justice Act, 2000, the maximum period for which the petitioner could have been in custody is three years – The petitioner has already undergone more than 12 years of imprisonment – Accepting the report, the petitioner can no longer be incarcerated – Petitioner directed to be released forthwith. [Paras 5, 6, 7 and 8]
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As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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