Bombay HC orders release of convict serving life imprisonment after it was proved he was minor at time of committing crime
A division bench of Justice Ranjit More and Justice Anuja Prabhudessai also asked the registry to remove the name of the accused from the appeal proceedings filed by other co-accused which is pending in the high court.
The Bombay High Court on Tuesday directed the Kolhapur prison authorities to forthwith release a convict serving life imprisonment after it was proved that he was a minor at the time of committing the offence of murder in 2010.
The convict had already undergone eight years behind bars.
A division bench of Justice Ranjit More and Justice Anuja Prabhudessai also asked the registry to remove the name of the accused from the appeal proceedings filed by other co-accused which is pending in the high court.
Advocate Vijay Hiremath appearing for the convict informed that the sessions court had twice held that he was below 18 years of age at the time of offence. Accordingly, the high court will have to release him as he has already undergone more sentence than prescribed under the Juvenile Justice Act.
The convict was arrested by the Dongri police along with four others for beating up a mobile thief which led to his death. A sessions court in 2012 found them guilty and sentenced to suffer life imprisonment.
They also appealed in the high court challenging the judgment. In 2014, the convict first moved an application before the sessions court claiming he was a juvenile, after inquiry he was held to be so.
However, since the appeal was pending in the high court, it was referred there. On perusal court found that sessions court had not examined the witnesses properly. Following which a fresh inquiry was conducted and held him to be a juvenile.