State of Madhya Pradesh v.Ramji Lal Sharma & Another

 

[2024] 10 S.C.R. 411 : 2024 INSC 747

State of Madhya Pradesh v.Ramji Lal Sharma & Another

(Miscellaneous Application No. 261 of 2024 in Criminal Appeal No. 293 of 2022)

23 September 2024

[B.V. Nagarathna and Nongmeikapam Kotiswar Singh, JJ.]

Issue for Consideration

Matter pertains to the application filed by applicant seeking his

release from further jail sentence, on the ground of his juvenility

on the date of the offence and has already undergone a sentence

of more than four years.

Headnotes

Juvenile Justice (Care and Protection of Children) Act,

2015 – s.94 – Presumption and determination of age – As

regards incident of 17.01.2002, the applicant convicted by the Special Sessions Judge, however, acquitted by the High Court – Subsequently, this Court convicted the applicant – Thereafter the applicant underwent sentence of four years and three months in all – Subsequently, miscellaneous application filed by the applicant seeking his release from further jail sentence, on the ground of his juvenility on the date of the offence and has already undergone a sentence of more than four years:

Held: Application for claiming juvenility may be made even after

the judgment and order of conviction and sentence has been

granted against a person which has attained finality – On basis

of the report submitted by the Sessions Judge, pursuant to the

directions of this Court, it is found that the applicant was below

eighteen years of age as on the date of the incident – Date of

birth of the applicant has been proved to be 04.10.1984 – Thus,

the claim of juvenility made by the applicant, upheld – Conviction

as recorded against him set aside and he is acquitted – As he is

on interim bail, his bail-bonds stand cancelled. [Para 11]

412 [2024] 10 S.C.R.

 

Case Law Cited

Abuzar Hossain v. State of West Bengal [2012] 9 SCR 244 : (2012)

10 SCC 489; Pramila v. State of Chhattisgarh Criminal Appeal

No. 64/2012, dated 17.01.2004 – referred to.

List of Acts

Juvenile Justice (Care and Protection of Children) Act, 2015; Penal Code, 1860; Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

List of Keywords

Release from further jail sentence; Juvenility; Date of birth.

Case Arising From

CRIMINAL APPELLATE JURISDICTION: Miscellaneous Application

No. 261 of 2024 In Criminal Appeal No. 293 of 2022

From the Judgment and Order dated 09.03.2022 of the Supreme

Court of India in Crl.A. No. 293 of 2022