Muristek
Having spent 17 years in jail, man freed after it's proved he was minor when committed murder
New Delhi, April 14
The Supreme Court has freed a man from Maharajganj in Uttar Pradesh who spent 17 years in jail in a murder case after the Juvenile Justice Board concluded he was a minor at the time of commission of the offence.
A Bench led by Justice AM Khanwilkar said the mandatory three years required to be spent in a special home under Section 15 of the Juvenile Justice Act need not be undergone as he has already spent more than 17 years in jail.
"The certificate dated August 1, 2021, issued by Senior Superintendent of the concerned jail at Lucknow, records that till August 1, 2021, the applicant has undergone the sentence for 17 years and 03 days. Therefore, now it will be unjust to send the applicant to the Juvenile Justice Board," the Bench said.
The accused had committed the murder on January 8, 2004, but his lawyers didn't raise the issue of his juvenility before the trial court or the high court, leading to the faux pas.
Finally the top court on January 31, 2022, directed the Juvenile Justice Board to hold an inquiry into his juvenility claim after his advocates said he was born on May 16, 1986, and was a minor on January 8, 2004, when he committed the murder.
The Juvenile Justice Board in its March 4, 2022, decision concluded that his correct date of birth was May 16, 1986, and was 17 years, seven months and 23 days old. As the Juvenile Justice Board's order was not challenged by the State, it became final. Based on the Board's decision, the top court ordered his immediate release, if he was not wanted in any other case.