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

The Supreme Court observed that the delay in raising the claim of juvenility is no ground for rejection of such a claim.

Such a claim can be raised at any stage, even after the final disposal of the case, the bench comprising Justices Indira Banerjee and Krishna Murari observed.

The court was considering an application filed by one Isha Charan who has been convicted along with others under Section 302 of the Indian Penal Code and sentenced with imprisonment for life in relation to an incident which took place on 30-11-1982.

In her application, she placed reliance on a school certificate, to contend that his date of birth  is 08-10-1965 and on the date of the occurrence i.e. 30-11-1982 she was only 17 years, 1 month and 22 days of age.

"The plea of juvenility had possibly not been taken before the Trial Court as the trial was concluded and the applicant Isha Charan was convicted before the Juvenile Justice(Care and Protection of Children) Act, 2000 was enacted. However, Section 2(k) of the Juvenile Justice (Care and Protection of Children) Act, 2000, defines a "juvenile" or "child" as a person who has not completed eighteen years of age. A person who was a juvenile at the time of commission of offence is entitled to the protection. The claim of juvenility may be raised at any stage, even after the final disposal of the case as held by this Court in  Abuzar Hossain @ Ghulam Hossain vs. State of West Bengal reported in (2012) 10 SCC 489. The delay in raising the claim of juvenility is no ground for rejection of such a claim. Similar view has been taken in numerous subsequent cases of this Court.", the court said.

The court also noted that Section 2(k) of the Juvenile Justice (Care and Protection of Children) Act, 2000, defines a "juvenile" or "child" as a person who has not completed eighteen years of age. A person who was a juvenile at the time of commission of offence is entitled to the protection, it said.

The court, therefore, directed the District and Sessions Judge, Siddharth Nagar, Uttar Pradesh is directed to conduct an inquiry into the juvenility of the applicant Isha Charan and submit a report to this Court within one month from date. The court also directed that she be released on bail on such conditions as may be imposed by the District and Sessions Judge, Siddharth Nagar, Uttar Pradesh.

Similar application moved by a co-accused Vijay Bahadur was also allowed.

Case: Ram Chandra vs. State of Uttar Pradesh [SLP (Crl)  8633/2017]

Coram: Justices Indira Banerjee and Krishna Murari

Counsel: Sr. Adv S.R. Singh, AOR Sarvam Ritam Khare, Adv T.S. Sabarish. 

Citation : LL 2021 SC 172

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