Bombay High Court Orders Release Of Rape Convict Found To Be Juvenile After 19 Yrs Of Imprisonment

The Bombay High Court has ordered the release of a 36-year-old rape convict after 19 years of imprisonment as he was found to be a juvenile at the time of the offence in 2005.

The man was convicted and sentenced to life imprisonment for raping a three-year-old girl child in the vicinity under the guise of giving her a chocolate.

He approached the High Court in a petition under Article 226 of the Constitution seeking release on the ground of completion of over 14 years of imprisonment as the State Government rejected his request on November 7, 2019 citing the gravity of his offence.

During pendency of the petition, the convict filed an interim application for release through advocate MM Chaudhri on the grounds of his juvenility at the time of commission of the said crime. He relied on the School Leaving Certificate issued by the Head Master of a Primary School in Bankati Vasti, Uttar Pradesh.

In July 2022 the High Court directed the State to verify the convict's claim following which the Palghar police conducted an enquiry regarding the accused's school leaving certificate.

“It is categorically stated that, the date of birth of the Petitioner is 16th April, 1988,” the court noted.

Advocate Chaudhari argued that the convict didn't file an appeal. Moreover, he was only 16 years and 9 months at the time of the offence and the therefore provisions of Juvenile Justice (Care and Protection of Children) Act, are squarely applicable to him.

Agreeing with the petitioner's argument the court ordered the man's release if he wasn't required in another case.

“We find substance in the contentions of the learned Advocate for the Applicant/Petitioner. It is an admitted fact that, the Applicant has already undergone more than three years of actual imprisonment. In view thereof, the Applicant/Petitioner is entitled to be released from jail forthwith.”

[Editor's note: As per Section 15(g) of the Juvenile Justice (Care and Protection of Children) Act, 2000 (in force at the time), where a JJ Board is satisfied on inquiry that a juvenile has committed an offence, then it may make an order directing the juvenile to be sent to a special home for a period of three years or until he ceases to be a juvenile, whichever is later.]

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