Summary
The Court directed immediate release after a judicial inquiry established that the petitioner was about sixteen years and seven months old when the offence occurred. His juvenility claim was maintainable despite final disposal of the earlier criminal proceedings. Having already spent more than twelve years in custody, he could not remain detained beyond the three-year maximum applied under the 2000 Act.
Issues
- Whether juvenility could be raised after dismissal of the special leave petition.
- Whether the verified age and time already spent in custody required release.
Provisions considered
- Section 7A(1), Juvenile Justice (Care and Protection of Children) Act, 2000A juvenility claim could be raised at any stage, including after final disposal; the Court obtained and accepted a judicial inquiry into the school records and other evidence. (¶¶ 1, 4, 5, 6)
- Sections 16 and 15(1)(g), Juvenile Justice (Care and Protection of Children) Act, 2000The applicable maximum custody period was three years, which the petitioner had already far exceeded. (¶¶ 7, 8)
Held
- Finality of the conviction proceedings did not prevent consideration of juvenility. The Sessions Judge’s inquiry, based on documentary and oral evidence, established the date of birth and that the petitioner was a juvenile on the offence date. (¶¶ 2, 3, 4, 5, 6)
- Once juvenility was established, continued incarceration was impermissible because the petitioner had served more than twelve years against the applicable three-year maximum under the 2000 Act. (¶ 7)
Result
Writ petition allowed. Petitioner directed to be released forthwith unless required to be detained in another case. No costs.