Plea Of Juvenility : Supreme Court Frees 'Murder Convict' Who Served 17 Years Jail Sentence

Accepting the plea of juvenility, the Supreme Court freed a man who served 17 years sentence after his conviction in a murder case.

Sanjay Patel was convicted by the Sessions Court on 16th May 2006 and sentenced to life imprisonment. Appeal filed by him was dismissed by the Allahabad High Court. The Supreme Court, in 2009, dismissed the Special leave petition also.

In 2021, he filed a Miscellaneous Application contending that the date of his birth is 16th May 1986 and, therefore, on the date of commission of the offence, he was a juvenile. He relied on various documents such as High School results declared by the Board of High School and Intermediate Education, Uttar Pradesh in this regard.

Earlier this year, the Court directed the Juvenile Justice Board, District Maharajganj to hold an inquiry into the claim of the applicant that he was a juvenile on the date of commission of the offence. 

The Juvenile Justice Board  passed an order holding that the correct date of birth of the applicant is 16th May 1986 and therefore, on the date of commission of the offence, his age was 17 years 07 months and 23 days. 

The court noted that when the offence was committed, the provisions of the Juvenile Justice (Care and Protection) Act, 2000 were in force. 

"As per the 2000 Act, only the Juvenile Justice Board constituted under Section 4 thereof had jurisdiction to try a juvenile in conflict with the law. Under Section 7A of the 2000 Act, an accused was entitled to raise a claim of juvenility before any Court, even after the final disposal of the case. Such a claim was required to be determined in accordance with the provisions of the 2000 Act. Subsection (2) of Section 7A provided that if after holding an inquiry, the Court found the accused to be juvenile on the date of commission of the offence, the Court was under a mandate to forward the juvenile to the Juvenile Justice Board for passing appropriate orders. Subsection (2) of Section 7A further provided that in such a case, the sentence passed by Criminal Court shall be deemed to have no effect in such a case. In view of the categorical finding recorded in this case by the competent Juvenile Justice Board, which is based on documentary evidence, in view of sub­section (2) of Section 7A, the applicant is required to be forwarded to the Juvenile Justice Board. Under Section 15 of the 2000 Act, the most stringent action which could have been 3 taken against the applicant, was of sending the applicant to a special home for a period of three years."

Taking note of the fact that he has undergone the sentence for 17 years and 03 days, the court said that it will be unjust to send the applicant to the Juvenile Justice Board. The court therefore directed that he shall be forthwith set at liberty provided he is not required to be detained under any other order of the competent Court.

Case details

Sanjay Patel vs State of Uttar Pradesh | 2022 LiveLaw (SC) 369 | M.A.No.1997 OF 2021 | 13 April 2022

Coram: Justices AM Khanwilkar and Abhay S. Oka

Headnotes

Summary - Juvenility Plea of applicant whose murder conviction was affirmed by Supreme Court by dismissing SLP in 2009 - Juvenile Justice Board passed an order holding that, on the date of commission of the offence, his age was 17 years 07 months and 23 days - Applicant has undergone the sentence for 17 years and 03 days - It will be unjust to send the applicant to the Juvenile Justice Board - He shall be forthwith set at liberty provided he is not required to be detained under any other order of the competent Court.

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