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SIDDHARTHA VARMA, MANISH KUMAR NIGAM
Ram Nayan – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Manish Kumar Nigam, J.
Ref :- Order on Criminal Misc. Application No.91499 of 2016
1. Heard learned Counsel for the appellant no.3, Suresh @ Suttur and learned A.G.A. for the State.
2. Present criminal appeal has been filed by appellant no.1-Ram Nayan, appellant no.2-Chetman, appellant no.3-Suresh @ Suttur, appellant no.4-Ram Surat and appellant no.5-Raghav Sharan against the judgment and order dated 30.9.2015 passed by Addl. Sessions Judge, Court no.2, Maharajganj in S.T. No.31 of 1998 (State Vs. Suresh @ Suttur & others) connected with S.T. No.40 of 2000 (State Vs. Raghav Sharan), whereby the appellants have been convicted and sentenced for life imprisonment under Section 302/149, for imprisonment of two years under Section 147 IPC and for imprisonment of three years under Section 201 I.P.C. Fine has also been imposed on the appellants.
3. A First Information Report was lodged in Case Crime No.63 of 1993 under Section 147, 302, 201 I.P.C., P.S.-Kotwali, District-Maharajganj against the Suresh @ Suttur, Chetman s/o Deep Narain, Ram Surat s/o Chetman, Ram Nayan s/o Chauthi Kewat, Raghav Sharan S/o Chetman. As per the prosecution story on 5.3.1993 accused Suresh @ Suttur Yadav
The court confirmed that a claim of juvenility can be raised at any stage, impacting sentencing under the Juvenile Justice Act.
An individual assessed to be a juvenile at the time of offence must not be tried as an adult, with their age determination being essential for proper legal proceedings.
Criminal Law – Murder – On the basis of the inquiry conducted as per our orders, it is found that appellant was a juvenile as on the date of commission of offence. In such circumstances, as the findi....
(1) Claim of juvenility may be raised before any Court which shall be recognised at any stage even after final disposal of case.(2) Decision against determination of juvenility ought not to be taken ....
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