Supreme Court Sets Aside Conviction Of A Man Accused In A 1983 Murder Case Allowing His Plea Of Juvenility

The Supreme Court set aside concurrent conviction in a murder case after it found that the accused was juvenile (17 years and 1 month) on the date of incident (01.08.1983).

The Trial Court judgment convicting Yogendra Yadav in a murder case was upheld by the Allahabad High Court in 2019, by dismissing the appeal he had filed in the year 1985. Before the Supreme Court, as the accused raised the plea of Juvenility, it called for a report from the District Judge, Ajamgarh.

In his report, Additional District and Sessions Judge stated that the date of birth of the appellant as 01.07.1966 and further that he was 17 years 1 month on the date of incident. The State also did not raise any objection to the report submitted by the Additional District and Sessions Judge.

"The date of birth of the appellant is 01.07.1966 and on the date of incident, the appellant was 17 years and 1 month. The appellant being juvenile, we are of the view that the conviction order passed by the Trial Court and the impugned judgment passed by the High Court affirming such conviction deserve to be set aside. We order accordingly.", the bench comprising Justices Ashok Bhushan, R. Subhash Reddy and MR Shah observed allowing the appeal.

The court also said that it finds no reason to send the matter back to the Juvenile Justice Board as the appellant was in custody for more than two years. We are not directing the Juvenile Justice Board to initiate any trial under the Juvenile Justice Act, the Court clarified.

CASE: YOGENDRA YADAV VS. STATE OF UTTAR PRADESH [CRIMINAL APPEAL NO.73 OF 2021]

CORAM: Justices Ashok Bhushan, R. Subhash Reddy and MR Shah

CITATION: LL 2021 SC 47

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