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S. M. SUBRAMANIAM, V. SIVAGNANAM
M. Murugan – Appellant
Versus
State of Tamil Nadu – Respondent
ORDER :
Prayer: Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus, for a direction to the respondents to produce the body of the detenu namely M. Murugan, aged 32 years, S/o. Mari, No. 12 Telugu Colony, Madhavaram, Thiruvallur, Tamil Nadu-600060 now confined in Central Prison, Puzhal before this Court and set him at liberty.
1. The Writ of Habeas Corpus has been instituted to direct the respondents to produce the body of the detenu namely, M.Murugan, now confined in Central Prison, Puzhal, Chennai before this Court and set him at liberty.
2. The petitioner was convicted by the Trial Court in S.C.No. 67 of 2012 by the judgment, dated 09.11.2016 and sentenced to life. The convict preferred Crl.A.No. 56 of 2017 and the sentence was confirmed by the High Court vide judgment, dated 20.02.2017. Thereafter, the present Habeas Corpus Petition has been instituted on the ground that the petitioner was a minor on the date of offence.
3. This Court sought for a report from the Juvenile Justice Board, Thiruvallur to fix the age of the petitioner/accused. In pursuance of this direction, the Juvenile Justice Board fixed the
The court established that a juvenile's conviction is not vitiated by the absence of a prior claim of juvenility, affecting only the sentencing under juvenile law.
The court established that a juvenile's conviction remains valid even if their status is recognized post-trial; only sentencing can be modified under juvenile law.
The court established that a juvenile's plea can affect sentencing but not the validity of a conviction if not raised during the trial.
The claim of juvenility can be raised at any stage, and if a juvenile is found guilty, the sentence must comply with the provisions of the Juvenile Justice Act, ensuring that the maximum period of de....
(1) Law provides full coverage to a person who is established to be a child on the date of offence, to avail benefits admissible to a child under 2015 Act even if case has been finally decided and al....
Writ of habeas corpus – Criminal trial – Claim of juvenile – determination of age – Certain limitations to this writ and the most basic of such limitation is that the Court, before issuing any writ o....
(1) Plea of juvenility can be raised before any Court and it shall be recognized at any stage, even after final disposal of case.(2) Rape and disappearance of evidence – Merits of conviction could be....
Question of juvenility can be raised before any Court and at any stage.
The claim of juvenility must be substantiated by credible evidence adhering to statutory rules; mere unreliable documents are insufficient.
The plea of juvenility can be raised at any stage, including appeal, and must be considered under the Juvenile Justice Act, 2015, allowing for modification of sentence based on age.
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