Summary
The Supreme Court allowed the surviving appellant’s challenge to a murder conviction on the undisputed ground that he was under eighteen when the offence occurred. The juvenility plea could be raised for the first time in the Supreme Court. His birth certificate had been produced below and consistently remained unchallenged, so no further age inquiry was necessary. Relief was granted without examining the merits; his deceased father’s appeal abated.
Issues
- Whether juvenility could be raised for the first time in the Supreme Court.
- Whether further inquiry was needed where the birth certificate and age remained undisputed.
- What disposition followed for each appellant.
Held
- The surviving appellant had not completed eighteen on the offence date and could invoke juvenility even though the plea had not been urged before the Sessions Court or High Court. (¶ 8–11)
- Further age inquiry was unnecessary because the certificate had been filed in the Sessions Court, the prosecution did not challenge it there, juvenility had remained undisputed when bail was granted, and the State again did not contest it at final hearing. (¶ 12–13)
- Following the cited juvenility ruling, the surviving appellant’s appeal was allowed without deciding the criminal case on its merits. The father’s appeal abated on his death. (¶¶ 7–8, 14–15)
Result
Father’s appeal dismissed as abated. Son’s appeal allowed and impugned High Court order set aside as against him on the ground of juvenility, without examination of the merits.