The Bombay High Court has set aside the conviction and directed release of a convict on the ground that he was a juvenile at the time of committing the crime.
Four years after he was sentenced to life imprisonment for murdering his co-worker, the Bombay High Court has set aside the conviction and directed release of a convict on the ground that he was a juvenile at the time of committing the crime.
A division bench of Justice B R Gavai and Justice Sarang Kotwal, while deciding on the appeal filed by the convict said, "It is a settled position in law that the plea of juvenility can be raised even at the state of appeal."
The convict was arrested in the year 2013 by the MIDC police for murdering his colleague, Harinath Yadav at work. Before the trial court, he did not raise the plea of being juvenile and accordingly, he was sentenced to life in 2017.
This order was challenged by him in which he moved an application seeking protection under the Juvenile Justice Act. He claimed that at the time of committing the offence he was below 18 years. He produced his birth certificate as a proof according to which his date of birth is February 15, 1997.
The high court ordered a sessions court judge to verify the claim and conduct an inquiry into the same. Following which, a report was submitted to the court confirming that at the time of the incident, the accused was a minor.
The High Court thus set aside the judgment and said "He is entitled to avail of the benefits of the provisions of the JJ Act. The trial before the sessions court, therefore, stands vitiated." It also remanded the matter to the Juvenile Justice board to decide afresh as per the provisions of the JJ Act.
CASE HISTORY
- The convict was arrested in 2013 by for murdering his colleague
- Before the trial court, he did not raise the plea of being juvenile
- Accordingly, he was sentenced to life in 2017
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
 "Bombay High Court")
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}