Case Note & Summary
The Supreme Court dealt with two appeals arising from a High Court judgment that reversed the acquittal of a father and son for murder under Section 302 read with Section 34 IPC. The father, Ashok Kumar Mehra, died during the pendency of the appeals, so his appeal abated. The son, Kushwant @ Sukhwant Kumar Mehra, raised the plea of juvenility for the first time before the Supreme Court, claiming he was below 18 years on the date of the offence (04.01.1998). The Court examined his date of birth certificate (14.06.1980), which showed he was 17 years and 5 months old at the time. The prosecution did not dispute this fact. Relying on the three-judge bench decision in Raju v. State of Haryana, the Court held that the plea of juvenility can be raised at any stage, and the benefit of the Juvenile Justice (Care and Protection of Children) Act, 2000 must be given. Since the appellant had already undergone considerable jail sentence, the Court set aside the conviction and sentence against him without going into the merits of the case, and allowed his appeal.
Headnote
A) Criminal Law - Juvenile Justice - Benefit of Juvenile Justice Act - Sections 2(k), 2(l), 7A, 20 of the Juvenile Justice (Care and Protection of Children) Act, 2000 - The appellant was 17 years and 5 months old on the date of offence and thus a juvenile - The plea of juvenility can be raised at any stage, even before the Supreme Court - The High Court's conviction and sentence were set aside, and the appeal was allowed in light of Raju v. State of Haryana (Paras 8-14).
Issue of Consideration
Whether appellant No.2, who was a juvenile on the date of commission of the offence, is entitled to the benefit of the Juvenile Justice (Care and Protection of Children) Act, 2000 despite the plea not being raised before the lower courts.
Final Decision
Appeal of appellant No.1 (Ashok Kumar Mehra) dismissed as abated due to his death. Appeal of appellant No.2 (Kushwant @ Sukhwant Kumar Mehra) allowed; impugned order qua him set aside; conviction and sentence quashed.
Law Points
- Juvenility can be raised at any stage
- Benefit of Juvenile Justice Act applies if below 18 on date of offence
- Abatement of appeal on death of appellant
Case Details
Criminal Appeal Nos.1466-1467 of 2008
Abhay Manohar Sapre, Dinesh Maheshwari
T.S. Doabia (for appellants), Ankit Swarup & Jaspreet Gogia (for respondents)
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Nature of Litigation
Criminal appeal against conviction for murder under Section 302 read with Section 34 IPC.
Remedy Sought
Appellants sought setting aside of conviction and sentence imposed by the High Court.
Filing Reason
Appellants were convicted by the High Court reversing the trial court's acquittal.
Previous Decisions
Sessions Judge acquitted both appellants on 06.06.2000; High Court reversed and convicted them on 21.07.2008.
Issues
Whether the appeal of appellant No.1 abates on his death?
Whether appellant No.2 is entitled to the benefit of the Juvenile Justice Act, 2000 as he was a juvenile on the date of offence?
Submissions/Arguments
Appellant No.1 died during pendency of appeal, so his appeal abates.
Appellant No.2 was a juvenile (17 years 5 months) on the date of offence and entitled to benefit of JJ Act, 2000; plea can be raised at any stage.
Ratio Decidendi
A juvenile who had not completed 18 years on the date of commission of the offence is entitled to the benefit of the Juvenile Justice (Care and Protection of Children) Act, 2000, and the plea of juvenility can be raised at any stage before any court, including the Supreme Court, even after final disposal of the case.
Judgment Excerpts
It is by now wellsettled, as was held in Hari Ram v. State of Rajasthan , (2009) 13 SCC 211, that in light of Sections 2(k), 2(I), 7A read with Section 20 of the 2000 Act as amended in 2006, a juvenile who had not completed eighteen years on the date of commission of the offence is entitled to the benefit of the 2000 Act.
It is equally wellsettled that the claim of juvenility can be raised at any stage before any Court by an accused, including this Court, even after the final disposal of a case, in terms of Section 7A of the 2000 Act.
Procedural History
Sessions Judge acquitted appellants on 06.06.2000. State and complainant filed appeal and revision in High Court. High Court reversed acquittal and convicted appellants on 21.07.2008. Appellants appealed to Supreme Court. During pendency, appellant No.1 died. Appellant No.2 raised juvenility plea for first time in Supreme Court.
Acts & Sections
- Indian Penal Code, 1860: 302, 34
- Juvenile Justice (Care and Protection of Children) Act, 2000: 2(k), 2(l), 7A, 20
