Delay In Raising Juvenility Claim Is No Ground For Rejection Of Such A Claim: Supreme Court

22nd Mar,2021

Delay In Raising Juvenility Claim Is No Ground For Rejection Of Such A Claim: Supreme Court

The Supreme Court stated that the fact that a claim of juvenility was brought late is not a reason to dismiss it. The bench of Justices Indira Banerjee and Krishna Murari observed that such an argument can be made at any time, even after the case has been finalised. The court was hearing an application filed by Isha Charan, who was convicted along with others under Section 302 of the Indian Penal Code and sentenced to life in prison for an incident that occurred on November 30, 1982. She relied on a school certificate in her application to claim that his date of birth is 08-10-1965 and that she was only 17 years, 1 month, and 22 days old on the date of the incident, which was 30-11-1982. Since the trial was completed and the defendant Isha Charan was convicted before the Juvenile Justice(Care and Protection of Children) Act, 2000 was passed, the plea of juvenility could not have been brought before the Trial Court. However, under Section 2(k) of the Juvenile Justice (Care and Protection of Children) Act of 2000, a "juvenile" or "baby" is described as anyone under the age of eighteen.
The court also pointed out that under Section 2(k) of the Juvenile Justice (Care and Security of Children) Act of 2000, a "juvenile" is identified as anyone under the age of eighteen. It stated that a person who was a minor at the time of the offence is entitled to the defence.
As a result, the court ordered the District and Sessions Judge in Siddharth Nagar, Uttar Pradesh, to conduct an inquiry into the claimant Isha Charan's juvenility and send a report to this Court within one month of the date of the order. The court also ordered that she be released on bail, subject to the District and Sessions Judge's conditions in Siddharth Nagar, Uttar Pradesh.