Claim of Juvenility V / Review of Death Penalty XXXV

Posted on by Rudrajyoti Nath Ray

This is an application under Section 9(2) of The Juvenile Justice (Care and Protection of Children) Act, 2015. As regards maintainability, Vinod Katara ­v.­ State of Uttar Pradesh, 2022 SCC OnLine SC 1204 explained rationale for raising belated claim of juvenility.  

It has crossed our mind, whether a boy of 12 years could commit such a gruesome crime? Though this factor shocks us, we possess no knowledge of child psychology or criminology. We agree, degree or dimension of offence ought not to direct approach of Court.  

Rishipal Singh Solanki ­v.­ State of Uttar Pradesh, (2022) 8 SCC 602 has laid down, if two views are possible on same evidence, Court should lean in favor of holding accused to be a juvenile in borderline cases. The birth certificate ought to be main factor for determination of juvenility under 2015 Act. The certificate of date of birth issued by Rajkiya Adarsh Uccha Madhaymik Vidyalaya, Jalabsar, Bikaner is to be accepted.     

He shall be set free forthwith.  

– Hon’ble Justice Aniruddha Bose, Narayan Chetanram Chaudhury v. State of Maharashtra, [Criminal Miscellaneous Petition No. 157334 of 2018 in Review Petition (Criminal) Nos. 1139­-1140 of 2000 in Criminal Appeal No. 25­26 of 2000].

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