'Time He Lost Can't Be Restored' : Supreme Court Frees Prisoner After 25 Years, Finds He Was A Minor At The Time Of Offence
17 hours, 49 minutes ago

'Time He Lost Can't Be Restored' : Supreme Court Frees Prisoner After 25 Years, Finds He Was A Minor At The Time Of Offence

Live Law  

In a remarkable judgment, the Supreme Court on Wednesday ordered the release of a prisoner, who has been under incarceration for nearly 25 years, after finding that he was a juvenile at the time of the offence in the year 1994. After that, he filed a curative petition in the Supreme Court, producing a school certificate, showing him to be a minor at the time of the offence. During the hearing, the Supreme Court asked the State to obtain fresh instructions on its earlier admission in the curative proceedings regarding the juvenility of the appellant. The Supreme Court also faulted the High Court for not taking note of Section 9 of the Juvenile Justice Act 2015, which specifies that the plea of juvenility can be raised at any stage. Case Title : Om Prakash @ Israel @ Raju @ Raju Das v State of Uttarakhand Citation : 2025 LiveLaw 35 Related - Supreme Court Releases Death Row Prisoner After 28 Years On Finding Him To Be A Juvenile At The Time Of Offence

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History of this topic

No lesson learnt from Nirbhaya, juvenile accused being treated ‘too leniently’: Madhya Pradesh HC
3 months, 3 weeks ago

No lesson learnt from Nirbhaya, juvenile accused being treated ‘too leniently’: Madhya Pradesh HC

The Hindu  

Juvenile accused are being treated “rather too leniently” in the country and the legislature has still not learnt any lessons from the “horrors of Nirbhaya”, the 2012 Delhi gang rape case, the Madhya Pradesh High Court observed while refusing to grant any relief to a rape convict, who was a juvenile at the time of the crime. “This court is …

Uttarakhand High Court Commutes Death Sentence Of Man Convicted For Repeatedly Committing Rape Upon 5-Yr-Old Step-Sister
7 months, 1 week ago

Uttarakhand High Court Commutes Death Sentence Of Man Convicted For Repeatedly Committing Rape Upon 5-Yr-Old Step-Sister

Live Law  

The Uttarakhand High Court has recently commuted the death penalty awarded to a man convicted for repeatedly committing rape upon his five-year-old orphan cousin and assaulting her numerous times. While lessening the punishment awarded to the convict to twenty-year rigorous imprisonment, the Division Bench of Chief Justice Ritu Bahri and Justice Alok Kumar Verma observed – “…we are of the …

Bombay High Court Orders Release Of Rape Convict Found To Be Juvenile After 19 Yrs Of Imprisonment
9 months, 3 weeks ago

Bombay High Court Orders Release Of Rape Convict Found To Be Juvenile After 19 Yrs Of Imprisonment

Live Law  

The Bombay High Court has ordered the release of a 36-year-old rape convict after 19 years of imprisonment as he was found to be a juvenile at the time of the offence in 2005. He approached the High Court in a petition under Article 226 of the Constitution seeking release on the ground of completion of over 14 years of …

Criminals are made, not born: SC judge Sanjiv Khanna
11 months, 2 weeks ago

Criminals are made, not born: SC judge Sanjiv Khanna

Hindustan Times  

No one is born a criminal but is made into one by circumstances, Supreme Court judge Sanjiv Khanna said on Thursday as he inaugurated a pan-India campaign by the National Legal Services Authority aimed at identifying juveniles in prisons and providing them with essential legal assistance to ensure their freedom from adult jails. SC judge Sanjiv Khanna inaugurated a pan-India …

20 years in jail, no remission for father who raped child: Supreme Court
1 year, 8 months ago

20 years in jail, no remission for father who raped child: Supreme Court

Hindustan Times  

A man, convicted for raping his nine-year-old daughter, has been ordered to undergo 20 years of imprisonment without remission by the Supreme Court saying sanctity of the very relationship were destroyed by his debauched and devastating acts. A special fast track court here had held the man guilty in 2013 and convicted him under Sections 376, 377 and 506 of …

Juvenile Justice | Only JJB And Not Trial Court Has Power To Determine Juvenility U/S 94: Madhya Pradesh High Court
2 years, 4 months ago

Juvenile Justice | Only JJB And Not Trial Court Has Power To Determine Juvenility U/S 94: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court, Indore Bench recently held that the trial court does not have the power under Section 94 of Juvenile Justice Act, 2015 to determine the age as contested by the accused and that the same can be exercised only by the Juvenile Justice Board. Setting aside the order passed by the lower court whereby it had …

Identity Of Juvenile Is Not To Be Disclosed: Allahabad High Court Reminds Its Registry
2 years, 10 months ago

Identity Of Juvenile Is Not To Be Disclosed: Allahabad High Court Reminds Its Registry

Live Law  

The Allahabad High Court has reiterated that the identity of a juvenile/ child in conflict with law must not be disclosed. The counsel also stated that the revisionist has no criminal antecedent, it was further submitted that Juvenile Justice Board as well as the Appellate Court have not appreciated the Social Information Report of the Probation Officer in its right …

Delay In Raising Juvenility Claim Is No Ground For Rejection Of Such A Claim: Supreme Court
3 years, 9 months ago

Delay In Raising Juvenility Claim Is No Ground For Rejection Of Such A Claim: Supreme Court

Live Law  

The Supreme Court observed that the delay in raising the claim of juvenility is no ground for rejection of such a claim.Such a claim can be raised at any stage, even after the final disposal of the case, the bench comprising Justices Indira Banerjee and Krishna Murari observed.The court was considering an application filed by one Isha Charan who has …

Almost 4 Decades On, 55-year-old to be Punished by Juvenile Court for 1981 Murder
4 years, 3 months ago

Almost 4 Decades On, 55-year-old to be Punished by Juvenile Court for 1981 Murder

News 18  

A 55-year-old man will turn himself in before a juvenile court next week. The court has ordered that the convict will be produced before the Juvenile Justice Board in Uttar Pradesh’s Bahraich in the next seven days. Under Section 15 of the 2000 Juvenile Justice Act, a delinquent in conflict of law can be kept in a reformation centre for …

Supreme Court dismisses juvenility plea of 2012 gangrape convict Pawan Kumar Gupta, says Delhi HC 'rightly' rejected petition
4 years, 11 months ago

Supreme Court dismisses juvenility plea of 2012 gangrape convict Pawan Kumar Gupta, says Delhi HC 'rightly' rejected petition

Firstpost  

The apex court bench, headed by Justice R Banumathi, said the Delhi High Court “rightly rejected” Gupta’s claim of being a juvenile at the time of the offence. The Supreme Court on Monday rejected the juvenility plea of 2012 gangrape convict Pawan Kumar Gupta. Advocate AP Singh, appearing for the death row convict Pawan Kumar Gupta, earlier accused the State …

'I was a juvenile back then': Nirbhaya convict Pawan moves SC over dismissal of claim
4 years, 11 months ago

'I was a juvenile back then': Nirbhaya convict Pawan moves SC over dismissal of claim

India TV News  

One of the death row convicts in the Nirbhaya gang rape and murder case moved the Supreme Court Friday challenging the Delhi High Court's order dismissing his claim of being a juvenile at the time of commission of offence in December 2012. A Delhi court Friday issued fresh death warrants for February 1 against the four convicts -- four convicts …

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