Juvenile waited for 17 years in Jail before SC concluded that he was a Minor at the time of Murder, Read SC Judgment

The Supreme Court has freed a man, 17 years after conviction in murder case after concluding that he was a minor at the time of crime.

The single-judge bench of Justice Abhay S. Oka accepted the plea of juvenility of the petitioner sentenced to life-imprisonment for offences punishable under Section 302 IPC.

By relying upon various documents such as High School results declared by the Board of High School and Intermediate Education, Uttar Pradesh, he had claimed that he was a juvenile on the date of the incident.

Previously, the Court had directed the Juvenile Justice Board to hold an inquiry into the claim of the applicant. As per the report, the claim of juvenility was found to be factful. The order of JJB was not contested by the State and therefore remained final.

The Court remarked that in view of the categorical finding recorded in the case by the competent Juvenile Justice Board, which is based on documentary evidence, in view of sub-section (2) of Section 7A of the Act, the applicant was required to be forwarded to the Juvenile Justice Board. Under Section 15 of the 2000 Act, the most stringent action which could have been taken against the applicant, was of sending the applicant to a special home for a period of three years, it added.

"When the offence was committed, the provisions of the Juvenile Justice (Care and Protection) Act, 2000 were in force. As per the 2000 Act, only the Juvenile Justice Board constituted under Section 4 thereof had jurisdiction to try a juvenile in conflict with the law. Under Section 7A of the 2000 Act, an accused was entitled to raise a claim of juvenility before any Court, even after the final disposal of the case. Such a claim was required to be determined in accordance with the provisions of the 2000 Act. Subsection (2) of Section 7A provided that if after holding an inquiry, the Court found the accused to be juvenile on the date of commission of the offence, the Court was under a mandate to forward the juvenile to the Juvenile Justice Board for passing appropriate orders. Subsection (2) of Section 7A further provided that in such a case, the sentence passed by Criminal Court shall be deemed to have no effect in such a case."

Case Title: Sanjay Patel & Anr. vs The State of Uttar Pradesh

Case Details: M.A.No.1997 OF 2021 IN SPECIAL LEAVE PETITION (CRL.) No.5604 of 2009

Coram: Justice Abhay S. Oka

Read Judgement Here:

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