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Supreme Court of India · 12/09/2022

VINOD KATARA versus STATE OF UTTAR PRADESH

[2022] 9 S.C.R. 836 · 2022 INSC 949

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Summary

The petitioner, serving life imprisonment for a murder committed in September 1982, had his conviction affirmed by the High Court in 2016, and his special leave petition was dismissed that year. He then claimed under Article 32 that he was a juvenile on the date of the offence. He relied on a Medical Board report estimating his age at around 15 in 1982, and on a U.P. Family Register entry recording his birth in 1968. The Supreme Court held that under Section 7A of the Juvenile Justice Act, 2000 juvenility may be claimed in any court at any stage, even after final disposal. The Family Register is relevant but not equivalent to a matriculation certificate. An ossification test on a person over 50 is not conclusive. The Court directed the Sessions Court, Agra to inquire, verify the register and arrange fresh medical age determination, and to report within a month.

Issues

  1. Whether a convict whose conviction has become final, including after dismissal of his SLP, can raise a claim of juvenility for the first time
  2. What evidence suffices to direct an inquiry into juvenility, and the evidentiary value of a U.P. Family Register entry and an ossification test conducted when the convict was over 50

Provisions considered

Held

Result

Directions issued. The Sessions Court, Agra was to inquire into the petitioner's juvenility, verify the Family Register and arrange fresh medical age determination, reporting within one month, with the matter to be listed thereafter for final orders.

Judgment PDF: Supreme Court of India, [2022] 9 S.C.R. 836.