25 Yrs After Conviction, P&H High Court Declares Rape Convict Was 'Juvenile', Modifies Sentence

The Punjab and Haryana High Court has held that an appellant convicted in 2001 for kidnapping and rape was a juvenile on the date of commission of the offence in 1999, and accordingly modified his sentence to the period already undergone in custody.[2026 LiveLaw (PH) 220]Justice Subhash Mehla said that he "finds no reason to disbelieve the enquiry report submitted by learned District & Sessions Judge, Yamuna Nagar. The said report is based upon contemporaneous school record and no material has been placed on record to rebut the same. Even learned State counsel has not disputed the claim of juvenility raised by appellant No.1."The Court was hearing a criminal appeal filed by Shiv Kumar, who had been convicted and sentenced to varying terms of rigorous imprisonment, including eight years for the offence under Section 376 IPC. The co-appellant, Attar Kali, had passed away during the pendency of the appeal, and proceedings against her had already abated.Appearing through an Amicus Curiae, the appellant did not challenge the conviction on merits and confined the appeal solely to the issue of juvenility. It was submitted that the appellant was 16 years, 6 months and 17 days old on the date of occurrence, i.e., 19.06.1999. Since the Juvenile Justice Act, 1986 then prescribed 16 years as the age of juvenility for boys, no such plea had been raised at trial. However, with the enactment of the Juvenile Justice (Care and Protection of Children) Act, 2000 raising the age to 18 years, the appellant sought retrospective benefit, relying on Hansraj v. State of UP, 2025 INSC 1211, and Dharambir v. State (NCT of Delhi), 2010 INSC 238, to contend that a claim of juvenility can be raised at any stage, even after final disposal of a case.The Court noted that the trial concluded on 10.05.2001, shortly after the Act of 2000 came into force on 01.04.2001, meaning the trial was pending when the new law took effect. Relying on the Supreme Court's holding in Dharambir, the Court reiterated that all persons below 18 years of age on the date of the offence, even prior to 01.04.2001, are entitled to be treated as juveniles, regardless of when the claim is raised, provided the proceedings were pending in some form. It also cited Satya Deo @ Bhoorey v. State of Uttar Pradesh, 2020(4) RCR (Criminal) 68, for the proposition that this right cannot be denied even where the offence predates the 2000 Act.Examining the enquiry report, the Court found it credible and unrebutted, noting that the school's original admission and withdrawal register had been proved by the school principal, reflecting the appellant's date of birth as 02.01.1983, making him 16 years, 5 months and 17 days old on the date of occurrence.The Court declared the appellant a juvenile as on the date of the offence and held that the order of sentence could not be sustained. However, since the appellant had long since crossed the age of juvenility, the Court held that remitting the matter to the Juvenile Justice Board would serve no purpose. Noting that the appellant had already undergone incarceration for 2 years, 8 months and 16 days, close to the 3-year maximum permissible under the Act of 2000 , the Court modified his sentence to the period already undergone, while maintaining the conviction.The appeal was accordingly partly allowed.Title: Shiv Kumar and another v. State of HaryanaMr. Harparteek Singh Sandhu, Advocate (Amicus Curiae) for appellant No.1.Proceedings against appellant No.2-Attar Kali already stands abated vide order dated 14.07.2015.Mr. Karan Veer Singh, Sr. DAG, Haryana.Click here to read order

25 Yrs After Conviction, P&H High Court Declares Rape Convict Was 'Juvenile', Modifies Sentence

Aiman J. Chishti

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Aiman J. Chishti

25 Yrs After Conviction, P&H High Court Declares Rape Convict Was 'Juvenile', Modifies Sentence

Aiman J. Chishti

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Aiman J. Chishti

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