A claim of juvenility can be raised at any stage of criminal proceedings, including after conviction, if substantiated by evidence.

JUDGMENT

NAGARATHNA, J.

The Applicant/Respondent No. 2 herein, i.e., Brijnandan @ Brajesh Sharma has filed the present Miscellaneous Application in the disposed of Criminal Appeal No.293 of 2002. seeking his release from further jail sentence, on the ground of his juvenility on the date of the offence, i.e., on 17.01.2002.

2. Briefly stated, the facts of the case are that the Respondents in Criminal Appeal No.293 of 2022 were two of the four accused in the crime registered pursuant to FIR No.8/2002 dated 17.01.2002 at Police Station AJK Bhind, District Bhinda, Madhya Pradesh, for the offences committed under Sections 302, 307 and 34 of the Indian Penal Code, 1860 (in short “IPC”), read with Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short “SC/ST Act”). Pursuant to the trial in Special Case No. 74 of 2002 before the Ld. Special Judge, Bhind, the Respondents were convicted for the offences punishable under Section 302 read with Section 34 of the IPC and were awarded life imprisonment and fine of Rs. 5000/- vide judgment dated 24.02.2006.

3. Being aggrieved by the judgment of the Trial Court, the Respondents filed Criminal Appeal No.339 of 2006 before the High Court of Madhya Pradesh, Gwalior Bench. The High Court allowed the appeal preferred by the Respondents vide judgment dated 13.12.2018 and thereby set aside the conviction of the Respondents.

4. Being aggrieved by the judgment of acquittal passed by the High Court, the State preferred this Criminal Appeal No.293 of 2022 arising out of SLP (Criminal) No.1926 of 2022 before this Court. This Court, vide judgment dated 09.03.2022, allowed the appeal filed by the State and, resultantly, the Respondents were convicted and the sentence imposed by the Trial Court was restored. Hence, the Respondents were directed to undergo the remaining sentence as per the judgment and order of conviction passed by the Trial Court.

It is in these circumstances that the applicant/respondent No.2 has preferred the instant application seeking his release from further jail sentence on the ground that he was a minor on the date of commission of the offence i.e. 17.01.2002 and has already undergone a sentence of more than four years.

5. During the course of submissions, learned counsel for the applicant Brijnandan alias Brajesh Sharma submitted that although by the judgment of this Court the applicant herein was convicted and serving his sentence; thereafter, on becoming aware of the law the applicant has filed this application claiming juvenility as on the date of the incident, i.e. 17.01.2002.

6. During the course of submissions, it was borne out that while the date of birth of the applicant as per the school record is 04.10.1984, it is 10.03.1984 as per the Aadhaar Card. We note that the date of the commission of offence was on 17.01.2002. It was therefore submitted at the Bar that the applicant’s plea of juvenility be accepted as Applicant was a juvenile aged about 17 years and 3 months on the date of the commission of offence.

7. Considering the aforesaid inconsistency, this Court, vide order dated 16.05.2024, had directed the Sessions Court, District Bhind, Madhya Pradesh to conduct an enquiry with regard to the claim of juvenility made by the applicant herein and to submit a report to this Court in accordance with law. The said enquiry has been conducted and by report dated 16.07.2024, the learned Special Judge (Atrocities), Bhind, M.P. has held that the applicant’s date of birth is 04.10.1984 and consequently on the date of the incident, i.e. on 17.01.2002, he was 17 years 3 months and 13 days old (though wrongly typed as 17.03.2002 and 17 years 5 months and 13 days in the order dated 16.07.2024). Therefore, the applicant being a juvenile on the date of the commission of the offence is entitled to the benefit of the provisions of Juvenile Justice (Care and Protocol of Children) Act, 2015 is the submission. Learned counsel for the applicant con