VidhiSangh

Supreme Court of India · 19/05/2025

RAMJI PRASAD JAISWAL @ RAMJEE PRASAD JAISWAL AND ORS. versus STATE OF BIHAR

[2025] 6 S.C.R. 582 · 2025 INSC 738

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Summary

Three appellants convicted in a 1982 bank fraud case under Sections 420, 468, 471 and 120B IPC read with Section 5(2) and 5(1)(d) of the Prevention of Corruption Act, 1947 appealed. The Court set aside the conviction of the third appellant because an inquiry under Section 7A of the Juvenile Justice (Care and Protection of Children) Act, 2000 established that he was a juvenile when the offence was committed, and set aside the conviction of the other two because their examination under Section 313 CrPC consisted of four mechanical questions that did not put the incriminating evidence to them, a serious irregularity that could not be cured by remand more than four decades after the offence.

Issues

  1. Whether the third appellant, found on inquiry under Section 7A of the Juvenile Justice (Care and Protection of Children) Act, 2000 to have been a juvenile on the date of the offence, could be remanded to the Juvenile Justice Board decades later or whether his conviction and sentence should simply be set aside.
  2. Whether recording the accused's statements under Section 313 CrPC by putting only four general, identical questions without putting the specific incriminating evidence to them vitiated the trial.
  3. Whether, given the passage of time since the 1982 offence and the 2006 trial, the defect in the Section 313 CrPC examination could be cured by remand or whether the appellants were entitled to the benefit of doubt.

Provisions considered

Held

Result

Appeal allowed; the trial court's judgment dated 29.05.2006 and the High Court's judgment dated 24.11.2011 set aside, qua the third appellant on the ground of juvenility and qua the first and second appellants for breach of Section 313 CrPC; the appellants being on bail, their bail bonds cancelled.

Judgment PDF: Supreme Court of India, [2025] 6 S.C.R. 582.