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SUPREME COURT OF INDIA
A.K. SIKRI, N.V. RAMANA, JJ.
Raju - Appellant
Versus
State of Madhya Pradesh - Respondent
Criminal Appeal No. 917 of 2016 (Arising out of SLP (Criminal) No. 4182 of 2012)
Decided On : 27-09-2016
Juvenile - Conviction under Section 302 of the Indian Penal Code - Appellant's age at the time of the incident was found to be a minor, leading to the setting aside of the remaining sentence.
Fact of the Case:
The appellant appealed against his conviction under Section 302 of the Indian Penal Code, claiming to have been a juvenile at the time of the incident.
Finding of the Court:
The Trial Court inquired into the appellant's age and found that he was a minor at the time of the incident. As a result, the remaining sentence was set aside, and the appellant was to be released unless required in any other case where he is tried as a major.
Issues: The main contention was the appellant's age at the time of the incident and whether he should be treated as a minor or a major for the purpose of the conviction.
Ratio Decidendi: The court's decision was influenced by the inquiry report, which confirmed that the appellant was a minor at the time of the incident, leading to the setting aside of the remaining sentence.
Final Decision: The appeal was allowed, and the remaining sentence was set aside, with the appellant to be released unless required in any other case where he is tried as a major.
ORDER :
Leave granted.
2. In this appeal filed by the appellant which is against his conviction under Section 302 of the Indian Penal Code by the Sessions Court and upheld by the High Court, main contention of the appellant is that he was a juvenile on the date of the incident, i.e., on 23.03.1996.
3. As such a plea was raised, the matter was directed to be inquired into by the Trial Court, i.e., by the Court of Additional District & Sessions Judge II, Tikamgarh, M.P.
4. Inquiry report dated 01.08.2016 has been sent by the II Additional Sessions Judge, District Tikamgarh, M.P., wherein it is stated that on the date of the incident, the age of the appellant was 16 years 11 months and 8 days.
5. It is clear from the said report that the appellant was a minor on the date of incident. As he has already suffered incarceration for more than 3 years, his remaining sentence is set aside. If not on bail, the appellant shall be released forthwith unless required in any other case in which he is tried as a major.
6. The appeal is allowed in the aforesaid term.
Appeal allowed.
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