In a significant ruling, the Uttarakhand High Court has ordered the immediate release of a man convicted for murder and attempted robbery in 2003, after it was found that he was a minor at the time of the incident. A division bench of Justices Ravindra Maithani and Ashish Naithani held that his life imprisonment sentence was no longer legally sustainable in view of his status as a juvenile at the time of the offence.
The man was convicted by a sessions court in Roorkee for his involvement in a murder and attempted robbery that occurred in 2003. His conviction was upheld by the High Court in 2013 and subsequently confirmed by the Supreme Court.
However, in 2021, while serving his sentence, the convict filed an application from prison claiming that he was a juvenile—only 15 years and one month old—on the date of the offence. In response, the High Court directed its Registrar to conduct a thorough inquiry into his age.
The Registrar’s investigation involved verification of school records, student registers, and statements from witnesses. It was ultimately concluded that the convict’s date of birth was May 22, 1988, making him 15 years and one month old on the date of the crime.
The bench cited provisions of the Juvenile Justice Act, which allow for a claim of juvenility to be raised at any stage of the proceedings, including after the conclusion of the trial or even after the sentence has been served.
While upholding the man’s conviction, the High Court ruled that under the Juvenile Justice Act, a person declared juvenile cannot be sentenced to life imprisonment or held in a correctional facility for more than three years.
Noting that the convict had already spent over 13 years behind bars—far exceeding the statutory limit applicable to juveniles—the court ordered his immediate release.
“The convict’s role in the crime was similar to that of the other accused, but the law treats juveniles differently,” the court observed, adding that any punishment beyond the legal ceiling for juveniles would be unlawful.
The judgment reiterates the binding principle that a plea of juvenility can be raised at any stage of the legal process and must be duly examined. It also reaffirms the special protections granted to juveniles under the Juvenile Justice (Care and Protection of Children) Act, irrespective of the gravity of the offence.
