Juvenile law
Nishant Singh
(Querist) 17 March 2012
This query is : Resolved
dear experts, the appellant was a juvenile (16 yrs & 8 months) at the time of commission of crime(murder). but this plea was not raised at the time of trial. he confessed the crime and was sentenced for life imprisonment.it has been 20 years since then. now the matter is at the stage of appeal. can this plea be raised at this stage. the crime was committed in the year 1992. he had already under gone more than 7 years of imprisonment. kindly advise and site some case laws also. thanks & regards
Shonee Kapoor
(Expert) 17 March 2012
Yes, additional grounds can be raised in appeal as well.
But how would you prove the same now.
Does documents prior to the commission of the offence also prove the same fact.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 17 March 2012
his sentence must be over by now!!!
Arvind Singh Chauhan
(Expert) 17 March 2012
I agree with Kappor Sir- Uttarakhand HC held-
Sec 20, Sec 7 A (as amended on 22.08.2006) and Registration of Birth and Death Act 1969- Claim of juvenility at the time of commission of offence- Such claim based on U.P. Madhyamic Shikshya Parisad Certificate stating his birth date- Such certificate could not be taken in to consideration as authentic in view of provisions contained in Registration Of Birth and Death Act – However in terms of Sec 20 and 7 A of the Juvenile Justice (Care and protection of children Act) it is now mandatory for the court to enquire whether the person was juvenile, no sooner than such a claim is put forward- whether such a claim has been put forward before trial court or not being immaterial –UTT-NCC-2011(2)-18.
Adv.R.P.Chugh
(Expert) 17 March 2012
The Claim of Juvenility can be raised at any stage. Birth Certificates/Matric Certificates are considered best...though if not available the court can do with an ossification test for approximate age (2 years on either side error chance)
Deepak Nair
(Expert) 17 March 2012
Sufficiently advosed by the experts above. No room to add more.
Raj Kumar Makkad
(Expert) 18 March 2012
All doubts regarding the age for computation of “juvenility” have been now laid at rest by judgment of Supreme Court delivered on 05.05.2009 in case of Hari Ram Vs. State of Rajasthan & Anr, CRIMINAL APPEAL NO. 907 OF 2009 (Arising out of S.L.P.(Crl.)No.3336 of 2006)
“The law as now crystallized on a conjoint reading of Sections 2(k), 2(l), 7A, 20 and 49 read with Rules 12 and 98, places beyond all doubt that all persons who were below the age of 18 years on the date of commission of the offence even prior to 1st April, 2001, would be treated as juveniles, even if the claim of juvenility was raised after they had attained the age of 18 years on or before the date of commencement of the Act and were undergoing sentence upon being convicted.”
Over riding effect of juvenile legislation.
The provisions of Juvenile Justice (Care and Protection of Children) Act 2000 have an over riding effect on all other legislations irrespective of the nature of offence committed by a child who is less than 18 years of age as on the date of commission of offence.
SAINATH DEVALLA
(Expert) 18 March 2012
Dear Mr.Nishant,
For a moment let us keep aside the word Juvenile.Crime committed in 1992.Judgement given in which year?What was the defence advocate doing,even though the crime was confessed by the accused.The trail period is also taken into account.What was his conduct during these years? Someone should have moved a petition for his release.20 years is a long period in the life of a person,who committed the crime when he was 16 years.
You can move the HRC also in this matter.So many grave criminals get released on Independence Day or Gandhi Jayanthi Day,poor man,such people spend their life behind the bars than in the outer world.Immediately refer the matter to HRC and submit a petition to the state government also.
Guest
(Expert) 18 March 2012
Dear Nishant,
In my views, you will only attract adverse comments of the judge (a negative point) if you quote the reason of juvenile now, when he virtually passed 13 more years (11 years even after becoming major) after 1992, beyond his juvenil age, when he went to jail (7 years in custody till now, as per your own statement).
Nishant Singh
(Querist) 19 March 2012
dear experts, thanks to u all for advising thoroughly. appellant was convicted in 1998 and an appeal was filed before High Court by the jail authorities in 1998 itself. at that time the act of 1986 was in existence. and the sentence was suspended pending appeal. the appeal was taken up in 2011 and by that time the ammendments of 2006 became effective in the JJ Act, 2000. that is why the plea has been raised at this time when i came through his age.
Shonee Kapoor
(Expert) 23 March 2012
All the best/
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
