ORDER :

1. This is a Writ Petition under Article 32 of the Constitution of India. Petitioner seeks verification of his claim of juvenility and consequential orders as per the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000¹ [hereinafter ‘Juvenile Justice Act, 2000’]. As such a plea can be raised at any stage, we called for a report after due enquiry. Having perused the report of the Additional Sessions Judge confirming the petitioner’s juvenility at the time of commission of the offence, we have allowed the Writ Petition and directed the release of the petitioner, who has undergone much more than the maximum statutory punishment under the Juvenile Justice Act, 2000, i.e. three years of incarceration.

2. For an incident dated 21.12.2005, the petitioner was arrayed as an accused along with others in Crime No. 228/05, P.S. Sathupally, (A.P.). By its judgment dated 15.12.2009, the III Additional Sessions Judge (FTC), Khammam, convicted the petitioner and other co-accused persons, inter-alia, under Section 302 read with Section 34 of the Indian Penal Code, 1860, and sentenced them to undergo imprisonment for life. The petitioner appealed against the convicti