1. Appeal concerning the determination of juvenility for an accused convicted under Sections 376 and 302 of the Indian Penal Code. (Para 2 , 5 )
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2025 Supreme(SC) 1497
SUPREME COURT OF INDIA
SANJIV KHANNA, CJI. AND SANJAY KUMAR, J.
X — Appellant
Versus
State Of U.P. - Respondent – Respondent
Criminal Appeal Nos. 4, 5 of 2025 (arising out of SLP(Crl.) Nos. 13425-13426 of 2024)
Decided on : 02-01-2025
The Court upheld the conviction but cancelled the sentence imposed as an adult after accepting the Juvenile Justice Board's report confirming the appellant's juvenility at the time of the offence, directing the appellant's release in accordance with the law.
Headnote:(A) Indian Penal Code, 1860 - Sections 376 and 302 - Juvenile Justice - Age determination - Appellant determined to be a juvenile at the time of the commission of the offence as supported by the Juvenile Justice Board report - State does not contest findings of the JJB, affirming the appellant was less than 18 years old at the time of offence. (Paras 2-6)
(B) Conviction - Appellant does not press appeal on merits; confirmation of conviction while treating him as a juvenile rather than an adult at time of occurrence.
Findings of Court:
The conviction of the appellant is upheld; the sentence as an adult is waived and the appellant is to be released in line with juvenile status.
Issues: Determination of age at the time of offence and resultant treatment as a juvenile.
Ratio Decidendi: The court accepted the Juvenile Justice Board's findings, leading to the confirmation of conviction but cancellation of adult sentencing.
Result: Appeals allowed and disposed.
Legal Category Hierarchy
Table of Contents
2. Claim of juvenility based on a Juvenile Justice Board report, which was not contested by the State. (Para 2 , 3 )
3. The court accepted the Juvenile Justice Board's enquiry and report as there were no grounds to take a different view. (Para 2 , 3 )
4. An accused determined to be a juvenile on the date of the offence cannot be sentenced as an adult. (Para 4 , 6 )
5. Conviction upheld, but sentence as an adult cancelled and waived, with directions for the release of the juvenile. (Para 6 , 7 )
6. What happens to a sentence imposed on an adult if the accused is subsequently found to be a juvenile?
The sentence imposed treating the accused as an adult is cancelled or waived, and the individual is released in accordance with the law. (Para 6 )
7. What is the evidentiary value of a Juvenile Justice Board report on age determination?
Such reports are acceptable if they are based on a detailed enquiry and are not contested by the State, provided the court finds no reason to take a different view. (Para 2 , 3 )
ORDER :
1. Leave granted.
2. We have gone through the report submitted by the Juvenile Justice Board["JJB", for short], Faizabad/Ayodhya, Uttar Pradesh, after conducting a detailed enquiry as to the age of the appellant, X (identity has been suppressed), and opining that, as per the records, he was born on 05.07.1995. Accordingly, he would have been less than 18 years of age on the date of the occurrence/commission of offence, i.e., 29.01.2013.
3. We may note that the counsel for the State of Uttar Pradesh does not contest the report given by the JJB. We have also examined the said report and the reasons given therein and do not find any good ground and reason to take a different view.
4. The appellant, X, is accordingly directed to be treated as a juvenile on the date of the occurrence/commission of offence.
5. Learned counsel appearing for the appellant states that the appellant, X, is not pressing the appeal on merits in the light of his claim of juvenility being accepted and, accordingly, his conviction for the offence(s) punishable under Sections 376 and 302 of the INDIAN PENAL CODE , 1860 may be confirmed.
6. As we have accepted the report given by the JJB, we accept the prayer made by the learned counsel for the appellant. Accordingly, the conviction of the appellant, X, is upheld but the sentence imposed on him, treating him as an adult as on the date of the occurrence/commission of the offence, is treated as cancelled/waived. The appellant, X, is directed to be released in accordance with law, if not warranted to be detained in any other matter.
7. The appeals are allowed and disposed of in the above terms.
8. Pending application(s), if any, shall stand disposed of.
