The applicant in the case, RAM CHANDRA, AND ORS. v. THE STATE OF UTTAR PRADESH, Isha Charan was convicted for an offense under Section 302 of the Indian Penal Code and was sentenced to imprisonment for life for an offense that took place in 1982. The applicant at the time of the incident was 17 years old. Reliance was made on the school leaving certificate of the applicant.
The trial court in 1985 had sentenced the applicants in the instant case. An appeal was filed in the High Court of Judicature at Allahabad and the same was subsequently dismissed in the year 2017.
The plea of juvenility before the trial court could not be placed as the case was decided in 1985 and the Juvenile Justice(Care and Protection of Children) Act, 2000. Section 2(k) of the Juvenile Justice (Care and Protection of Children) Act, 2000, defines a “juvenile” or “child” as a person who has not completed eighteen years of age.
A person who at the time of the commission of the offense was below the age of 18, is entitled to protection under this act.
Therefore, the court stated that the applicant can raise the claim of juvenility at any stage as held in Abuzar Hossain @ Ghulam Hossain vs. State of West Bengal.
The Court also stated that the delay in raising the claim of juvenility is no ground for rejection of such a claim.
After stating this, the court directed the District and Sessions Judge to submit the report with respect to the juvenility of the applicant, one month from the date of the decision.
Another person namely Vijay Bahadur was also convicted for the same offense under the same provision and even he was a minor at the time of commission. The same direction was given to the district and session judge to submit a report about his juvenility.
Case Details
SLP(Crl) No. 8917/2017
Coram- HON'BLE MS. JUSTICE INDIRA BANERJEE and HON'BLE MR. JUSTICE KRISHNA MURARI
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