Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(SC) 869

SUPREME COURT OF INDIA
Indira Banerjee, Krishna Murari, JJ.
Ram Chandra & Ors. - Appellants
Versus
The State Of Uttar Pradesh - Respondent
Petition(s) for Special Leave to Appeal (Crl.) No(s). 8633 of 2017 (Arising out of impugned final judgment and order dated 16-11-1985 in ST No. 100 of 1984 21-07-2017 in CRLA No. 3094 of 1985 passed by the High Court of Judicature at Allahabad) with SLP(Crl) No. 8917 of 2017 (II) (For Admission and I.R. and IA No.102805 of 2017-exemption from Filing O.T.)
Decided On : 19-03-2021

Advocates appeared:
Mr. Sarvam Ritam Khare, Advocate, Mr. Akash Shukla, Advocate, Mr. Anupam Mishra, Advocate, for the Appellant; Mr. T.S. Sabarish, Advocate, Mr. C.B. Tiwari, Advocate, Mr. Vishnu Unnikrishnan, Advocate, Mr. S.R. Singh, Sr. Advocate, Mr. Ankur Prakash, Advocate, Mr. Alok Kumar Pandey, Advocate, for the Respondent.

Points of Law : "juvenile" or "child" as a person who has not completed eighteen years of age - A person who was a juvenile at the time of commission of offence is entitled to the protection.

Headnote:
Indian Penal Code,1860 - Section,302- Rejection of such a claim - Inquiry - Meanwhile applicant - Vijay who has been in custody for approximately four years may be released on bail on such conditions as may be imposed by District and Sessions Judge Nagar Uttar Pradesh –Held.
Finding Of the Court : Juvenile Justice (Care and Protection of Children) Act 2000 defines a "juvenile" or "child" as a person who has not completed eighteen years of age - A person who was a juvenile at time of commission of offence is entitled to protection District and Sessions Judge Nagar Uttar Pradesh is directed conduct an inquiry into juvenility of applicant - Vijay and submit a report to this Court within one month from date.
Result : Petition disposal

ORDER

IA No. 7780 of 2020

1. The applicant viz. Isha Charan has been convicted along with others under Section 302 of the Indian Penal Code and sentenced with imprisonment for life in relation to an incident which took place on 30-11-1982.

2. The judgment and order of conviction was passed on 16-11-1985. Aggrieved, the petitioners preferred Criminal Appeal No. 3094 of 1985 before the High Court of Judicature at Allahabad. The criminal appeal has been dismissed by a judgment and order dated 21-07-2017.

3. It is claimed that the date of birth of the applicant viz. Isha Charan is 08-10-1965 and on the date of the occurrence i.e. 30-11-1982 she was only 17 years, 1 month and 22 days of age. Reliance has been placed on a school leaving certificate.

4. The plea of juvenility had possibly not been taken before the Trial Court as the trial was concluded and the applicant Isha Charan was convicted before the Juvenile Justice(Care and Protection of Children) Act, 2000 was enacted. However, Section 2(k) of the Juvenile Justice (Care and Protection of Children) Act, 2000, defines a "juvenile" or "child" as a person who has not completed eighteen years of age. A person who was a juvenile at the time of commission of offence is entitled to the protection.

5. The claim of juvenility may be raised at any stage, even after the final disposal of the case as held by this Court in Abuzar Hossain @ Ghulam Hossain vs. State of West Bengal reported in (2012) 10 SCC 489 . The delay in raising the claim of juvenility is no ground for rejection of such a claim. Similar view has been taken in numerous subsequent cases of this Court.

6. There will be an order in terms of Prayer 'A' of the application being IA No. 7780 of 2020.

7. The District and Sessions Judge, Siddharth Nagar, Uttar Pradesh is directed to conduct an inquiry into the juvenility of the applicant Isha Charan and submit a report to this Court within one month from date.

8. In the meanwhile, Isha Charan, who has been in custody for approximately four years, may be released on bail on such conditions as may be imposed by the District and Sessions Judge, Siddharth Nagar, Uttar Pradesh.

IA No. 125854 of 2019

9. The applicant viz. Vijay Bahadur has been convicted along with others under Section 302 of the Indian Penal Code and sentenced with imprisonment for life in relation to an incident which took place on 30-11-1982.

10. The judgment and order of conviction was passed on 16-11-1985. Aggrieved, the petitioners preferred Criminal Appeal No. 3094 of 1985 before the High Court of Judicature at Allahabad. The criminal appeal has been dismissed by a judgment and order dated 21-07-2017.

11. It is claimed that the date of birth of the applicant viz. Vijay Bahadur is 15-02-1969 and on the date of the occurrence i.e. 30-11-1982 he was only 13 years, 9 months and 15 days of age. Reliance has been placed on a school leaving certificate.

12. Section 2(k) of the Juvenile Justice (Care and Protection of Children) Act, 2000, defines a "juvenile" or "child" as a person who has not completed eighteen years of age. A person who was a juvenile at the time of commission of offence is entitled to the protection.

13. Similar view has been taken in numerous subsequent cases of this Court. There will be an order in terms of Prayer 'A' of the application being IA No. 125854 of 2019.

14. The District and Sessions Judge, Siddharth Nagar, Uttar Pradesh is directed to conduct an inquiry into the juvenility of the applicant viz. Vijay Bahadur and submit a report to this Court within one month from date.

15. In the meanwhile, the applicant viz. Vijay Bahadur, who has been in custody for approximately four years, may be released on bail on such conditions as may be imposed by the District and Sessions Judge, Siddharth Nagar, Uttar Pradesh.

16. Let the Special Leave Petitions be listed for final disposal in the week commencing on 3 rd May, 2021.

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2021 Supreme(SC) 869

Points of Law : "juvenile" or "child" as a person who has not completed eighteen years of age - A person who was a juvenile at the time of commission of offence is entitled to the protection.

Cases Referred (2)