Shri R. David vs State Of Manipur
2024 Latest Caselaw 247 Mani

Manipur High Court

Shri R. David vs State Of Manipur on 1 July, 2024

              Digitally signed by
KABORAMBA KABORAMBAM
M SANDEEP SANDEEP SINGH
          Date: 2024.07.04
SINGH     11:10:08 +05'30'
                                                                                                 Item No. 53
                                                IN THE HIGH COURT OF MANIPUR
                                                          AT IMPHAL

                                                 MC (Crl. Rev. P.) No. 14 of 2022
                                                  [Ref : Crl. Rev. P. No. 13 of 2018]
                                Shri R. David
                                                                                               Petitioner
                                                          Vs.
                                State of Manipur
                                                                       Respondent
                                                 BEFORE
                           HON'BLE THE CHIEF JUSTICE MR. SIDDHARTH MRIDUL
                           HON'BLE MRS. JUSTICE GOLMEI GAIPHULSHILLU KABUI
                                                           ORDER

01.07.2024 Siddharth Mridul, C.J. :

Mr. L. Shashibhushan, learned senior counsel, appears on behalf of

the applicant; and Mr. RK Umakanta, learned PP, appears on behalf of the State.

The present application has been instituted on behalf of R. David, the

applicant, seeking permission to take on record the documents marked as

Annexure-A/2 and A/3 annexed thereto, to substantiate his assertion that he was

a minor on the date of the commission of the offence for which he has been

convicted and awarded the death sentence.

Mr. RK Umakanta, learned PP, strongly opposes the relief prayed for

in the present application on the ground that the same was not produced before

the Trial Court at the relevant time.

We find ourselves unable to agree with the contention urged on behalf

of the State of Manipur; on the ground that the Hon'ble Supreme Court of India, in

a catena of judgment, has held that the question of juvenility of a convict can be

raised at any stage of the proceedings, including in a proceeding before the Hon'ble

Supreme Court of India.

MC (Crl. Rev. P.) No. 14 of 2022 Page 1 In view of the foregoing, and in the interest of justice, the present

miscellaneous application is allowed.

Annexure-A/2 and A/3, annexed in the present application, are

directed to be taken on the record.

                      JUDGE                            CHIEF JUSTICE
Sandeep




MC (Crl. Rev. P.) No. 14 of 2022                                             Page 2