After 17 years in jail, man cites juvenility, SC sets him free
NEW DELHI: This is what happens when proper legal assistance is not provided to an accused. A man was 17 years and seven months old when he committed a murder but he and his lawyer did not raise the defence of juvenility at trial stage while challenging his conviction in the high court and Supreme Court. He ended up spending over 17 years in jail when the maxmum punishment for a juvenile is sending him to a special home for a period of three years.
Twelve years after exhausting all his legal options to challenge his conviction and award of life imprisonment with the dismissal of his appeal in the apex court in 2009, the convict in 2021 filed an application in the SC raising the issue of juvenility for the first time. He came to know about the defence of juvenility when he approached a lawyer for his premature release.
On examining his documents, his lawyers Aarif Ali and Md Irshand Hanif found that he was a juvenile at the time of offence and filed an application before the SC raising the defence of juvenility. The lawyers brought to the court's notice that the date of birth of the convict is May 16, 1986, and therefore he was a juvenile on January 8, 2004, when the offence was committed. The SC directed Juvenile Justice Board of District Maharajganj in UP to hold an inquiry into the claim. The Juvenile Justice Board passed an order in March holding that his correct date of birth was May 16, 1986, and his age at the time of offence was 17 years 07 months and 23 days.
在查看他的文件时，他的律师Aarif Ali和Md Irshand Hanif发现他在犯罪时是一名未成年人，于是向最高法院提出了未成年辩护的申请。律师提请法庭注意，该罪犯的出生日期是1986年5月16日，因此他在2004年1月8日犯罪时还是一名未成年。最高法院指示北方邦Maharajganj区少年司法委员会对这一说法进行调查。少年司法委员会在三月通过一项命令，裁定他的出生日期是1986年5月16日，而他在犯罪时的年龄是17岁零七个月零23天。
Accepting the finding of the board, a bench of Justices A M Khanwilkar and Abhay S Oka directed that he be forthwith set at liberty. It said only the Juvenile Justice Board had jurisdiction to try a juvenile and an accused was entitled to raise a claim of juvenility before any court, even after the final disposal of the case. It said if the court found the accused to be juvenile on the date of commission of the offence, the court should forward the juvenile to the board for passing appropriate orders. But the bench said in this case the convict had already spent over 17 years in jail and it would be unjust to refer the case to the board.
法官A M Khanwilkar和Abhay S Oka接受了委员会的裁决，要求立即释放他。法官说，只有少年司法委员会有审判未成年人的管辖权，被告有权在任何法庭提出未成年主张，即使在案件最终申理之后。委员会指出，如法庭在犯罪当日裁定被告为未成年人，则应将该未成年人送交少年司法委员会。但法官表示，在这起案件中，罪犯已经在监狱中度过了17年，将案件提交该委员会是不公正的。
In this case he was was convicted along with others by the sessions court in May 2006 in a triple murder case and was sentenced to undergo life imprisonment. Appeal filed by him and other convicts was dismissed by Allahabad HC and their plea was also dismissed by SC in August 2009.
Reduce the juvenile age to 14 years. Matter is resolved.
After comiting a murder/rape, accused can not can not get away with Juvenility clause. This clause must be for minor crimes like theft etc....
As per the Indian Law - Its is ok to murder rape etc till you are 18 years of age.
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stupidity .,how can some one murder rape if he is really child.
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The stupid juvenile law encourages boys who are mature enough to commit rapes and murders. They will escape punishment if they take care to do such crimes before crossing 18 years. Adolescents are capable of fathering a child but the victim will suffer lifelong shame and ridicule.
Talk about his henious crime rather than blaming system.
We need to change this.. juvenile age upto 12 is ok..13and 14 age should be partial juvenile..max imprisonment 10 yr..15 and above 15 same as adult justice system.
I don't want youngster to follow any crime so those who commit crime like murder or rape should be hang till dead.
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The Juvenile Justice Board must reconsider the age limit as the current age of 18 years might be obsolete in this fast growing generation.
Now citing juvenile law loophole he will get out. Once he gets out he will be free to commit another murder.
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now most of crimes are done by juveniles who are supported by big criminals from escape of punishment
Should be dearth penalty even a juvenile if he committed a heinous crime.
Matlab He can become mature enough not to kill some body in just 5 months ??? .
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A child brought up by his or her parents in a correct manner will never murder someone. The parents of the juvenile in question are to be blamed for not inculcating human values in him in his childhood. A child who is encouraged in stealing other's property by his parents will grow up into a smuggler or thief. SC erred in freeing the murderer just because he is below 18 years in age by a few days.
Sadly no one takes a point that justice has been denied to this person (we may make an attempt to amend the juvenile law, that is a different thought altogether. Sadly the system of judiciary had failed to take decision based on material facts and the provisions of law upon which justice to be rendered
Court should also suspend the judge who haven't noticed the age 17 years ago, and set an enquiry for the same.
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What if he changed his birth certificate date by a few years?
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Punishment of the guilty is a part of justice to the victim. When juveniles take part in heinous crimes, should they be handled with kid gloves. This is the stupid law by which a rapist of Nirbhaya escaped gallows.
If you're 16 or 17 and you can commit rape or murder, that person deserves the death penalty. Our Judiciary is a joke.
So, being juvenile it's ok to kill someone and simply walk away with a minor 3 years punishment.He was almost 18 when he committed the crime.
Juvenile accused of rape / murder should be tried as adults
juvenile still having the capability to murder