IM man’s petition is rejected
Dismissing the plea of Salman, a suspected Indian Mujahideen (IM) terrorist allegedly being involved in the Delhi serial blasts in 2008, additional sessions judge (ASJ) of the Tis Hazari district court Santosh Snehi Mann said the accused was not a juvenile and thereby his appeal was not maintainable.
The court dismissed the appeal of the alleged terrorist Salman after relying on a Supreme Court judgement saying that no appeal can be filed against any finding of the court with regard to the age of a person at the time of offence.
“In view of the findings of the Supreme Court whereby it has been held that no statutory appeal is available under Section 52 of the Juvenile Justice Act against any finding of the court that a person was not a juvenile at the time of commission of offence, the appeal is not maintainable,” the court said.
During the arguments, K.A. Ansari, counsel for Salman, opposed the contention of Public Prosecutor Rajeev Mohan who had submitted that the appeal was not a matter of right under the scheme of the Juvenile Justice Act.
The prosecution claimed that the accused had failed to produce any documentary evidence to substantiate his claim that he was a minor at the time of incident on September 13, 2008, the prosecutor had claimed.
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