8 Sep 2023 7:36 AM GMT
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.
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.
Case Title: Makkella Nagaiah V. State Of Andhra Pradesh, Writ Petition (Crl.) No. 429 Of 2022
Citation : 2023 LiveLaw (SC) 757