VidhiSangh

Supreme Court of India · 07/01/2025

OM PRAKASH @ ISRAEL @ RAJU @ RAJU DAS versus UNION OF INDIA AND ANOTHER

[2025] 1 S.C.R. 362 · 2025 INSC 43

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Summary

The Supreme Court held that a plea of juvenility which the courts never properly determined had not attained finality, and could be decided under Section 9(2) of the Juvenile Justice Act, 2015 even after the dismissal of the appeal, review and curative petitions and commutation of the death sentence by the President. As the State had admitted that the appellant was 14 at the time of the 1994 offence, the Court maintained the conviction, set aside the sentence beyond the statutory upper limit, and ordered his release.

Issues

  1. Whether a plea of juvenility, raised at every stage but never determined in accordance with law, can be raised and decided under Section 9(2) of the Juvenile Justice (Care and Protection of Children) Act, 2015 after the case has been finally disposed of, including after dismissal of review and curative petitions.
  2. Whether the High Court, while declining judicial review of the Presidential order commuting the death sentence, could refuse the independent prayer for determination of juvenility under Section 9(2).
  3. Whether the appellant was a juvenile on the date of the offence, and the consequences for his sentence.

Provisions considered

Held

Result

Appeal allowed; the High Court's judgment set aside; the conviction maintained but the sentence in excess of the upper limit prescribed under the relevant Act set aside and the appellant directed to be released forthwith if not required in any other case; the Uttarakhand State Legal Services Authority directed to identify and help him avail welfare schemes for rehabilitation and reintegration, with emphasis on livelihood, shelter and sustenance.

Judgment PDF: Supreme Court of India, [2025] 1 S.C.R. 362.