The has upheld the of two men in a landmark ruling, while simultaneously setting aside their upon finding that both individuals were at the time of the offence. The decision, delivered nearly four decades after the original verdict, brings a long-pending to a significant turning point, requiring the jurisdictional (JJB) to determine an appropriate sentence based on the laws applicable at the time of the 1980 incident.
The case traces its origins to , when a violent confrontation occurred in the village of Pipri, District Sultanpur. According to the , the dispute stemmed from deep-seated rivalries rooted in a prior murder case involving the son of the deceased, Ali Sher. On that morning, eight accused individuals formed an , allegedly armed with deadly weapons, including spears, a Baka, a Dharia, and firearms. The confrontation escalated on a road near the fields of Ali Hasan, resulting in the deaths of four men: Shamshad, Abdul Rafiq, Hamid Ullah, and Dilsher. Following an investigation, the all eight accused in , sentencing them to for the multiple murders and various related offences.
During the before the High Court, the legal status of the remaining two appellants, Siraj Ahmad and Abdul Wahid, shifted dramatically as they invoked provisions regarding juvenility. In light of the ongoing appeal, the court directed the local to conduct a formal inquiry into the ages of the appellants on the date of the occurrence. This inquiry process, guided by the procedures established under the , and later the , sought to verify their ages through school records, transfer certificates, and board examination cross-lists.
After examining the evidence presented to the Board, the High Court accepted the findings that the appellants were indeed minors at the time of the 1980 violence. Documents, including school registers and U.P. Board examination records, confirmed their dates of birth as , and , respectively. Consequently, the court held that at the time of the offence, Siraj Ahmad was 17 years, 10 months, and 3 days old, and Abdul Wahid was 17 years, 11 months, and 3 days old.
While the appellants' counsel did not challenge the conviction itself, the court engaged in a thorough review of the trial evidence, finding no reason to disturb the factual findings of
. The court noted,
"The presence of the injured and deceased and the appellants-convict on the place of occurrence, manner and mode of the assault has been sufficiently proved by the
."
Relying on the testimonies of
Sajjad and Sharafat, the court reaffirmed that the
’s case was robust, and the evidence was of "
."
Despite the integrity of the conviction, the court observed that the legal landscape for sentencing had evolved substantially. Relying on the Supreme Court’s interpretation in the case of
, the High Court emphasized that even where a conviction is maintained, a person who was a juvenile at the time of the offence cannot be subjected to the standard
, such as
, prescribed for adults. The bench noted,
"Thus where a juvenile is found guilty of the offence, alleged to have been committed, he simply cannot go unpunished, but what punishment should be awarded, must be left to the
constituted under the Act."
The court further clarified that because the offence occurred when the was in force, any punishment awarded must adhere to the limitations of that act. This ruling reflects the judiciary's commitment to the principle that juvenile offenders require a distinct rehabilitative approach, even when the underlying crimes are of a grave nature. The court held that the sentences of passed by the four decades ago were now legally untenable for these two individuals.
The final order mandates that the appellants, Siraj Ahmad and Abdul Wahid, appear before the jurisdictional on . The Board is tasked with determining the appropriate punishment, which, as indicated by the Supreme Court’s precedent in , may involve the imposition of a fine rather than in a standard penitentiary. The court has directed that the Board pass an order within six weeks from the date of communication of the judgment.
This conclusion highlights the complexities of long-running and the of juvenile protection laws. By maintaining the finding of while acknowledging the status of the appellants as minors at the time of the incident, the High Court has sought to balance the requirements of criminal justice with the protections intended for under the law. The records will now be returned to the relevant authorities, marking the end of the High Court's involvement in this specific appeal while setting the stage for the final sentencing determination by the Board. The appellants remain subject to the Board’s upcoming orders, which will bring a definitive close to a legal saga that has spanned nearly forty-five years.
criminal sentencing - age determination