Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Juvenile Justice (Care and Protection of Children) Act |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) Juvenile Justice (care and Protection of Children) Act, 2000 (56 of 2000) |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Allowed |
Headnote | Issue for consideration: Claim of petitioner for juvenility after conviction u/s. 302 r/w. s.34 IPC.Juvenile Justice (Care and Protection of Children) Act, 2000 – Petitioner and other co-accused convicted u/s. 302 r/w. s.34 IPC and sentenced to undergo imprisonment for life – High Court upheld the conviction and sentence – SLP also dismissed – Petitioner claimed juvenility – The Sessions Judge was directed to conduct an enquiry and to submit the report:Held: The Additional Sessions Judge submitted the report after recording necessary evidence by summoning the concerned offi cials for the production of school records – The report of the Additional Sessions Judge confi rmed the petitioner’s juvenility at the time of commission of the off ence – The report has categorically come to the conclusion that the date of birth of petitioner is 02.05.1989 – If the date of birth of the petitioner is 02.05.1989, he was 16 years 7 months old as on the date of the crime, i.e., 21.12.2005 – In view of s.16 r/w. s.15(1)(g) of the Juvenile Justice Act, 2000, the maximum period for which the petitioner could have been in custody is three years – The petitioner has already undergone more than 12 years of imprisonment – Accepting the report, the petitioner can no longer be incarcerated – Petitioner directed to be released forthwith. [Paras 5, 6, 7 and 8] |
Judge | N/A |
Neutral Citation | 2023 INSC 800 |
Petitioner | Makkella Nagaiah |
Respondent | The State Of Andhra Pradesh |
SCR | [2023] 12 S.C.R. 250 |
Judgement Date | 2023-09-05 |
Case Number | 429 |
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