38.6c New Delhi, India, Thursday, July 18, 2024
Judiciary

SC releases woman in murder case on ground of juvenility [Read Judgment]

By LAWSTREET NEWS NETWORK      24 January, 2024 05:57 PM      0 Comments
SC releases woman in murder case on ground of juvenility [Read Judgment]

NEW DELHI: The Supreme Court has allowed an appeal by a woman against conviction with life term imprisonment in a murder case as she was declared a juvenile, below 18 years of age, at the time of offence.

A bench of Justices Abhay S Oka and Ujjal Bhuyan noted the woman has undergone more than eight years of imprisonment.

"As the appellant has undergone incarceration for a period of more than eight years, no purpose will be served by sending the appellant before the Juvenile Justice Board," the bench said.

The court set aside Chhattisgarh High Court's order as well as the trial court's judgment which convicted the woman of offences under Sections 302, 201 and 34 of the IPC.

In her appeal, the woman claimed she was juvenile at the offence in year 2000.

Acting upon her interlocutory application, the bench had on September 13, 2023, directed the Sessions Court to hold an enquiry into the issue of juvenility.

The court received a report stating that her date of birth of the appellant is September 1, 1982 and, therefore, on June 15, 2000, the date of the occurrence of the offence, the age of the appellant was 17 years, 09 months and 14 days.

"A perusal of the report shows that apart from other documents, reliance has been placed on the entries in the school leaving register of the school last attended by the appellant. This document is of the year 1988. The name of the appellant appears at serial no 369 and her date of birth shown therein is 1st September, 1982. Even the primary certificate examination result-sheet of 1995 shows the same date of birth," the bench said.

The bench held on the date of occurrence of the offence, the appellant was a juvenile.

"The maximum action which could have been taken against the appellant was of sending her to a special home. In the case of a girl of sixteen years of age, she could have been sent to a special home for a period of not less than three years. As per Section 22(1) of the 1986 JJ Act, there was a prohibition on sentencing a juvenile to undergo imprisonment. There is a similar provision under Section 16 of the 2000 JJ Act," the bench said.

 

[Read Judgment]



Share this article:

About:

Explore Comprehensive Legal Reporting with LawStreet Journal: Your Go-To Source for Supreme Court an...Read more

Follow:
TwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

Another CBI Officer Investigating Rakesh Asthana Moves SC Against Transfer, Makes Startling Revelations Another CBI Officer Investigating Rakesh Asthana Moves SC Against Transfer, Makes Startling Revelations

After A.K. Bassi, another CBI officer who was investigating corruption allegations against Special Director Rakesh Asthana moved the Supreme Court.

Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land

SC bench led by CJI Ranjan Gogoi has allotted the dispute site to Ram Janmabhoomi Nyas, while directing the government to allot an alternate 5 acre land within Ayodhya to Sunni Waqf Board to build a mosque.

Supreme Court: Money Spent On Judiciary Less Than 1% In All States Except Delhi Supreme Court: Money Spent On Judiciary Less Than 1% In All States Except Delhi

The court guided all states to document their response to the commission's report within four weeks. If any of the states fail to file a response, it will be presumed that they have no objections to the recommendations made by the commission, the court said.

Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts

The Orissa High Court has been without a permanent chief justice since January 5, 2020 after the retirement of former Chief Justice, KS Jhaveri. The high court is currently headed by acting Chief Justice Sanju Panda.

TRENDING NEWS

state-govt-has-got-no-power-to-tinker-with-list-of-scheduled-castes-supreme-court
Trending Judiciary
State govt has got no power to tinker with list of Scheduled Castes: Supreme Court [Read Judgement]

The Supreme Court ruled that state governments lack the authority to modify the Scheduled Castes lists, a power reserved exclusively for Parliament under Article 341.

17 July, 2024 09:31 AM
sc-asks-telangana-govt-to-replace-judge-in-commission-of-inquiry-into-power-pact-by-previous-govt
Trending Judiciary
SC asks Telangana govt to replace judge in Commission of Inquiry into power pact by previous govt

SC directs Telangana govt to replace Justice L Narasimha Reddy in Commission of Inquiry probing former CM KCR's alleged power sector irregularities.

17 July, 2024 09:40 AM

TOP STORIES

bombay-high-court-denies-interim-relief-in-plea-against-1-year-pan-masala-ban
Trending Judiciary
Bombay High Court denies interim relief in plea against 1 year Pan Masala Ban [Read Order]

Bombay High Court denies interim relief to petitioners challenging the 1-year ban on pan masala, citing arguable questions and ongoing similar cases.

12 July, 2024 10:00 AM
sc-collegium-recommends-appointment-of-chief-justices-of-eight-high-courts
Trending Judiciary
SC Collegium recommends appointment of Chief Justices of eight High Courts [Read Order]

SC Collegium recommends appointments of Chief Justices for Delhi, Himachal Pradesh, J&K, Kerala, Madhya Pradesh, Madras, and Meghalaya High Courts.

12 July, 2024 10:55 AM
sc-orders-interim-bail-for-kejriwal-in-ed-case-refers-issues-on-arrest-to-larger-bench
Trending Judiciary
SC orders interim bail for Kejriwal in ED case, refers issues on arrest to larger bench

SC grants interim bail to Kejriwal in ED case, refers arrest issues to larger bench; AAP leader remains in jail due to separate CBI arrest in liquor scam.

12 July, 2024 11:21 AM
hathras-incident-sc-refuses-to-consider-pil-on-inquiry-adequate-compensation
Trending Judiciary
Hathras incident: SC refuses to consider PIL on inquiry, adequate compensation

Supreme Court declines PIL on Hathras stampede inquiry and compensation, directs petitioner to approach High Court for addressing the issue.

12 July, 2024 01:38 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email