Supreme Court Releases Man Incarcerated For 12 Years After Finding That He Was A Juvenile At The Time Of Offence

The Supreme Court recently directed the release of a man who had undergone 12 years of imprisonment, after finding that he was a juvenile at the time of commission of the crime and reiterating that the maximum sentence under the Juvenile Justice Act, 2000 is 3 years.The petitioner had approached the Apex Court filing a writ petition under Article 32 of the Constitution seeking verification of his claim of juvenility. The Court had accordingly sought a report of the Additional Sessions Judge, who confirmed that the petitioner was 16 years and 7 months at the time of the offence. A bench of Justice B R Gavai, Justice PS Narasimha and Justice Sanjay Kumar while taking the report of the sessions judge on record, ordered the release of the petitioner noting that the question of juvenility can be raised before any Court and at any stage, as provided under Section 7A(1) of the Juvenile Justice Act 2000. “Having perused the report of the Additional Sessions Judge confirming the petitioner’s juvenility at the time of commission of the offence, we have allowed the Writ Petition and directed the release of the petitioner, who has undergone much more than the maximum statutory punishment under the Juvenile Justice Act, 2000, i.e., three years of incarceration.” the Apex Court said. In 2009, the Petitioner had been convicted by the Additional Sessions Judge under Section 302 read with Section 34 of the Indian Penal Code, 1860 and sentenced to life imprisonment. The sentence was affirmed by the High Court and the Supreme Court. Later, the Petitioner approached the Apex Court seeking verification of juvenility. “In view of Section 16 read with Section 15(1)(g) of the Juvenile Justice Act, 2000, the maximum period for which the petitioner could have been in custody is three years. However, as the plea of juvenility was raised for the first time in the present writ petition before us, the process of criminal law, which commenced in 2005, led to the petitioner being convicted and sentence for life imprisonment concurrently by the Trial Court, the High Court as well as the Supreme Court. In the meanwhile, the petitioner has undergone more than 12 years of imprisonment. Having accepted the report of the II Additional Sessions Judge, Khammam, the petitioner can no longer be incarcerated.” the Apex Court said. Also Read - Supreme Court Releases Death Row Prisoner After 28 Years On Finding Him To Be A Juvenile At The Time Of OffenceCase Title: Makkella Nagaiah V. State Of Andhra Pradesh, Writ Petition (Crl.) No. 429 Of 2022Citation : 2023 LiveLaw (SC) 757Click here to read/download order

Supreme Court Releases Man Incarcerated For 12 Years After Finding That He Was A Juvenile At The Time Of Offence

Sheryl Sebastian

The Court noted that the maximum period of sentence of imprisonment that can be awarded to a juvenile is three years.

Tags