Juvenile spends 13 years in jail on conviction, released
A minor convict had to spend more than 13 years in jail for no fault of his. The misfortune befell him as the amicus curiae appointed by the court to defend him failed to bring to the judge’s notice that he was a minor when he had murdered a man in 1996.
Under the Juvenile Justice (Care and Protection of Children) Act, 2000, a minor delinquent, if found guilty, can be detained at a special home for a maximum term of three years.
However, the Juvenile Justice Act, 2000, provides that the juvenility of an accused can be raised at any stage. Taking benefit of this provision, the convict moved the Delhi high court earlier this year claiming that he was a minor at the time of the crime.
The high court directed the Juvenile Justice Board to determine the age of the convict at the time of the crime. The Board after examining relevant documents came to the conclusion that he was a minor at the time of the commission of the crime.
However, before Justice Ajit Bharihoke ordered his release, the prosecution opposed the convict’s plea submitting that the court cannot interfere with it as he had already been tried and convicted by a trial court. But it did not contradict the Juvenile Justice Board’s report on the age of the child.
Rejecting the prosecution plea, Justice Bharihoke ordered immediate release of the convict.
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