Claim Of Juvenility Can Be Raised Before Any Court, At Any Stage, Even After Final Disposal Of The Case

KEY TAKEAWAYS

• The Supreme Court recently observed that the claim of juvenility can be raised before any Court, at any stage, even after the final disposal of the case.
• The bench consisting Justices Indira Banerjee and JK Mahseshwari stated that if the Court finds a person to be a juvenile on the day the crime is committed, it’s to forward the juvenile to the board to pass correct orders and if the sentence is passed by the Court it shall be considered to not have any effect.

DETAILS

• Name of the Case : Ashok v State of Madhya Pradesh
• Background of the Case :
• The Additional Sessions Judge on July 29, 1999 had convicted the petitioner u/s 302, IPC and had condemned him to life detainment concerning an episode which occurred on July 26, 1997.
• Feeling wronged, the petitioner had documented a Criminal Appeal testing his conviction and sentence which was dismissed by the High Court on November 14, 2017.
• The petitioner guaranteed that the petitioner was born on January 5, 1981 and was along these lines, roughly 16 years and 7 months old on the date of the incident.
• Showing up for the State, the Additional Advocate General, contended that the case of juvenility was raised without precedent for the special leave petition.

COURT’S OBSERVATION

• The bench was of the opinion, that despite the fact that it was actually the case that petitioner's declaration was given on July 17, 2021 however the testament didn't explicitly make reference to that the date of birth January 1, 1982 had been entered at the hour of first confirmation of the petitioner at the elementary school level.
• Taking into account that the Trial Court had recorded the petitioner's age as 16 years and odd and had been in actual custody for more than three years, which was the most extreme for an adolescent, the bench allowed interim bail to the petitioners based on the conditions and conditions to be implemented by the Sessions Court.
• The court likewise guided the Sessions Court to analyze the case of the petitioner to juvenile as per law, and present a report to this Court within one month from the date of correspondence of this order.

QUESTIONS

• Do you agree with the decision of the Court ?
• “The claim of juvenility can be raised before any Court, at any stage, even after the final disposal of the case” do you agree with this statement ?