SC releases a murder convict on finding out that he was juvenile at the time of commission of offence

Supreme Court: The Bench
comprising of Pinaki Chandra Ghose and R.K. Agarawal, JJ reaffirmed that once
the declaration of juvenility on the date of the commission of offence is
established before Court of competent jurisdiction, then the accused must get
the benefit under the Juvenile Justice (Care and Protection) Act, 2000.

In present case
which was filed to release the applicant from the prison on the ground that the
applicant who was sentenced for life imprisonment for commission of offence
under Section 302 of  IPC, has already
served the sentence for more than 10 yrs and still is in jail. Although, the
Juvenile Justice Board had declared through its order that the applicant on the
date of incident was below 18 years. Further, declared him as a juvenile
offender. The plea before the court was that the applicant should be given
exemption under the provisions of Juvenile Justice (Care and Protection) Act,

The Court
relying on its previous decisions said that the maximum period for which a
juvenile could be kept in a special home is for three years prescribed under
Section 15 of the Juvenile Justice Act, 2000, and therefore, allowing the
appeal and setting aside the impugned judgment and order passed by the Trial
Court and the High Court, the applicant was directed to be released forthwith,
getting the benefit of the  Juvenile
Justice Act, 2000 since he was a juvenile on the date of commission of offence.
[Ram Narain v. State of U.P., decided
on 7-8-2015]



Source: Legal news India

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