Juvenile Justice (Care and Protection of Children) Act, 2015 – s.94 – Presumption and determination of age – As regards incident of 17.01.2002, the applicant convicted by the Special Sessions Judge, however, acquitted by the High Court – Subsequently, this Court convicted the applicant – Thereafter the applicant underwent sentence of four years and three months in all – Subsequently, miscellaneous application filed by the applicant seeking his release from further jail sentence, on the ground of his juvenility on the date of the offence and has already undergone a sentence of more than four years:
Held: Application for claiming juvenility may be made even after the judgment and order of conviction and sentence has been granted against a person which has attained finality – On basis of the report submitted by the Sessions Judge, pursuant to the directions of this Court, it is found that the applicant was below eighteen years of age as on the date of the incident – Date of birth of the applicant has been proved to be 04.10.1984 – Thus, the claim of juvenility made by the applicant, upheld – Conviction as recorded against him set aside and he is acquitted – As he is on interim bail, his bail-bonds stand cancelled. [Para 11]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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