38.6c New Delhi, India, Saturday, September 27, 2025
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Judiciary

Juvenility plea valid even after final conviction: Supreme Court [Read Judgment]

By Saket Sourav      14 October, 2024 03:06 PM      0 Comments
Juvenility plea valid even after final conviction Supreme Court

New Delhi: The Supreme Court has reaffirmed that a claim of juvenility can be raised at any stage, even after a conviction and sentence have attained finality. A division bench comprising Justices B.V. Nagarathna and Nongmeikapam Kotiswar Singh made this significant observation while acquitting an accused in a murder case, who had filed a juvenility plea post-conviction.

Supreme Court Reaffirms Juvenility Claim Validity at Any Stage

The case involved Brijnandan @ Brajesh Sharma, who was convicted in a 2002 murder case under Sections 302, 307, and 34 of the Indian Penal Code, read with Section 3(2)(v) of the SC/ST Act. After various legal proceedings, including an acquittal by the High Court that was later overturned by the Supreme Court, the accused filed a plea claiming he was a juvenile at the time of the offense.

The Court observed, “Although the application has been filed subsequent to the conviction ordered by this Court, we have regard to the judgment of this Court… that an 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.”

Sessions Court Inquiry Confirms Accused’s Juvenility Leading to Acquittal

Addressing the juvenility claim, the Supreme Court directed a Sessions Court inquiry, which confirmed the accused’s date of birth as October 4, 1984. This made him 17 years, 3 months, and 13 days old at the time of the offense on January 17, 2002. The inquiry involved the examination of multiple witnesses, including the accused’s mother and his school headmaster.

Despite the State’s objection regarding the belated claim and discrepancies in the accused’s name across various documents, the Court upheld the juvenility claim. The bench noted, “Bearing in mind the aforesaid judgments and the report submitted by the learned Sessions Judge, pursuant to the directions of this Court, we find that the date of birth of the applicant has been proved to be 04.10.1984.”

Based on these findings, the Court set aside the conviction and acquitted the accused.
[Read Judgment]



Share this article:

About:

Saket is a final-year law student at The National Law University and Judicial Academy, Assam. He has...Read more

Follow:
Linkedin


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

On April 18, 2020, the Supreme Court Collegium recommended new Chief Justices for three High Courts. Justice Dipankar Datta was proposed as Chief Justice of the Bombay High Court, succeeding Justice B.P. Dharmadhikari. Justice Biswanath Somadder was nominated as Chief Justice of Meghalaya High Court, while Justice Mohammad Rafiq was recommended for transfer as Chief Justice of Orissa High Court.

TRENDING NEWS

sc-permits-ramlila-at-school-playground-in-up
Trending Judiciary
SC permits Ramlila at school playground in UP

SC allows Ramlila at UP school ground, noting 100-year tradition, but urges finding alternate sites to keep playgrounds free for students.

26 September, 2025 12:08 AM
sc-stays-hcs-order-on-composition-of-sit-formed-to-probe-tirupati-parasadam-row
Trending Judiciary
SC stays HC's order on composition of SIT formed to probe Tirupati parasadam row

SC stays Andhra Pradesh HC order on SIT composition in Tirupati prasadam row, clarifying CBI Director’s role in appointing investigation officer.

26 September, 2025 07:53 PM

TOP STORIES

calcutta-hc-dismisses-plea-against-bengali-singer-for-allegedly-insulting-lord-ram-cites-lack-of-evidence
Trending Judiciary
Calcutta HC Dismisses Plea Against Bengali Singer For Allegedly Insulting Lord Ram, Cites Lack of Evidence [Read Judgment]

Calcutta HC dismisses plea against singer Nachiketa Chakraborty over alleged remarks on Lord Ram, citing lack of evidence and jurisdiction.

22 September, 2025 10:43 AM
allahabad-hc-slams-police-for-recording-caste-of-accused-in-firs-terms-it-identity-profiling
Trending Judiciary
Allahabad HC Slams Police for Recording Caste of Accused in FIRs, Terms It “Identity Profiling” [Read Order]

Allahabad HC condemns police for recording caste of accused in FIRs, calling it identity profiling that violates fundamental rights and constitutional values.

22 September, 2025 11:04 AM
spouse-may-claim-damages-for-marital-interference-by-third-party-delhi-hc
Trending Judiciary
Spouse May Claim Damages for Marital Interference by Third Party: Delhi HC [Read Order]

Delhi HC allows spouse to sue lover for ‘alienation of affection’, recognizing civil action for intentional interference in marriage.

22 September, 2025 01:06 PM
sc-notice-to-centre-others-on-plea-for-court-monitored-probe-into-air-india-crash
Trending Judiciary
SC notice to Centre, others on plea for court-monitored probe into Air India crash

SC issues notice on plea for court-monitored probe into Air India crash that killed 260; petitioner seeks independent, transparent, and fair investigation.

22 September, 2025 02:27 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email