INDIRA BANERJEE, J. K. MAHESHWARI
Ashok – Appellant
Versus
State Of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. factual basis of conviction and appeal (Para 1 , 2 , 3) |
| 2. juvenility argument raised for the first time (Para 4 , 5) |
| 3. legal framework regarding juvenility in law (Para 6 , 7 , 8 , 9 , 10) |
| 4. assessment of evidence and age credibility (Para 11 , 12 , 13 , 14 , 15) |
| 5. interim bail decision and future actions directed (Para 16) |
| 6. next steps and procedure for age verification (Para 17 , 18 , 19) |
ORDER :
1. By a judgment and order dated 29.07.1999, the Additional Sessions Judge, Gohad, District Bhind, Madhya Pradesh, convicted the petitioner inter alia for offence under Section 302 of the INDIAN PENAL CODE and sentenced him inter alia to life imprisonment in Sessions Trial No. 260 of 1997. In the cause title of the said judgment and order, the petitioner has been described as Ashok, S/o Balram Jatab age 16 yrs 9 months and 19 days, R/o Village Anjani Pura, District Bhind.
2. The petitioner filed an appeal being Criminal Appeal No. 455 of 1999 challenging his conviction and sentence. The said criminal appeal has been dismissed by the High Court by an order dated 14.11.2017, which is impugned in the Special Leave Petition(Crl.) No. 643 of 2020, filed by the petitioner.
3.
Plea of juvenility raised by accused is required to be determined in accordance with provisions of Juvenile Justice Act.
There is prohibition on sentencing a juvenile to undergo imprisonment.
Question of juvenility can be raised before any Court and at any stage.
The court confirmed that a claim of juvenility can be raised at any stage, impacting sentencing under the Juvenile Justice Act.
Points of Law : "juvenile" or "child" as a person who has not completed eighteen years of age - A person who was a juvenile at the time of commission of offence is entitled to the protection.
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