Case Note & Summary
The petitioner, Sunil s/o Laxman Javade, was convicted under Section 302 read with Section 34 of the Indian Penal Code by judgment and order dated 08.11.1994. His appeal against conviction was dismissed by the Bombay High Court on 06.06.2001, and his Special Leave Petition was dismissed by the Supreme Court. The petitioner claimed that his date of birth is 20th March 1975 and the incident occurred on 6th December 1992, making him below 18 years of age on the date of the offence. He sought the benefit of the Juvenile Justice (Care and Protection of Children) Act, 2000. The court examined Section 7A of the Act, which allows a claim of juvenility to be raised before any court at any stage, even after final disposal of the case. The court noted that a Division Bench of the Bombay High Court in Suo Motu Writ Petition No. 1 of 1999 had considered similar provisions. The court held that the petitioner's claim of juvenility must be determined by the Sessions Court, which shall conduct an inquiry, take evidence, and record a finding on the petitioner's age. If found to be a juvenile on the date of the offence, the petitioner shall be forwarded to the Juvenile Justice Board for appropriate orders, and the sentence passed shall be deemed to have no effect. The court disposed of the writ petition with directions to the Sessions Court to decide the claim within three months.
Headnote
A) Criminal Law - Juvenile Justice - Claim of Juvenility After Final Disposal - Section 7A of Juvenile Justice (Care and Protection of Children) Act, 2000 - The petitioner, convicted under Section 302 read with Section 34 IPC, claimed he was below 18 years on the date of offence (06.12.1992) based on his date of birth 20.03.1975. The court held that under Section 7A, a claim of juvenility can be raised before any court at any stage, even after final disposal, and the court must determine the age and if found juvenile, forward to the Board; the sentence passed shall be deemed to have no effect. The court directed the Sessions Court to conduct an inquiry into the petitioner's age and pass appropriate orders. (Paras 2-5)
Issue of Consideration
Whether a convicted person can claim juvenility under Section 7A of the Juvenile Justice (Care and Protection of Children) Act, 2000 after final disposal of the case, and whether the court must determine such claim and forward the juvenile to the Board.
Final Decision
The court allowed the writ petition, set aside the earlier orders, and directed the Sessions Court to conduct an inquiry into the petitioner's age under Section 7A of the Juvenile Justice (Care and Protection of Children) Act, 2000. If found to be a juvenile on the date of offence, the petitioner shall be forwarded to the Juvenile Justice Board for appropriate orders, and the sentence passed shall be deemed to have no effect. The Sessions Court was directed to decide the claim within three months.
Law Points
- Juvenility claim can be raised at any stage even after final disposal
- Section 7A of Juvenile Justice (Care and Protection of Children) Act
- 2000
- Benefit of juvenility must be given if accused was below 18 on date of offence
