Murder Conviction Overturned Due to Juvenility: Supreme Court Sets Aside Punjab High Court Ruling

The Supreme Court of India, in its judgment on April 15, 2019, ruled in favor of an appellant convicted of murder, setting aside his conviction on the ground that he was a juvenile at the time of the crime. The case, Ashok Kumar Mehra & Anr. vs. The State of Punjab, was an appeal against the Punjab and Haryana High Court’s decision, which had overturned the acquittal given by the Sessions Court and sentenced both accused to life imprisonment for the murder of Inderjit Dhiman. The Supreme Court’s decision was based on the appellant’s claim of juvenility, which had not been raised in lower courts.

Background of the Case

The case revolved around the murder of Inderjit Dhiman, for which Ashok Kumar Mehra and his son, Kushwant @ Sukhwant Kumar Mehra, were prosecuted. Initially, the Sessions Court had acquitted both father and son. However, the State of Punjab and the complainant challenged the acquittal in the Punjab and Haryana High Court, which reversed the acquittal and convicted both accused under Section 302 read with Section 34 IPC, sentencing them to life imprisonment.

Arguments by the Appellants

The appellant’s counsel, Mr. T.S. Doabia, argued that appellant No. 2, Sukhwant Kumar Mehra, was a juvenile at the time of the crime, which took place on January 4, 1998. His date of birth was recorded as June 14, 1980, making him 17 years and 5 months old at the time of the offense.
The defense emphasized that this claim of juvenility had not been raised before the Sessions Court or the High Court, but under Section 7A of the Juvenile Justice (Care and Protection of Children) Act, 2000, a claim of juvenility could be raised at any stage, even before the Supreme Court.
The defense cited the Supreme Court’s precedent in Raju vs. State of Haryana (2019), where the conviction of a juvenile was set aside.

Arguments by the Respondents

The State’s counsel did not dispute the appellant’s date of birth certificate.
The prosecution contended that since the matter had already been decided on merits, it was inappropriate to raise the claim of juvenility at this stage.
However, the respondent-State acknowledged that as per the Supreme Court’s past rulings, a claim of juvenility could be entertained at any stage.

Supreme Court’s Observations

The Court noted that appellant No. 2’s date of birth, as per official records, confirmed he was under 18 at the time of the offense.
The bench, comprising Abhay Manohar Sapre and Dinesh Maheshwari, cited Hari Ram vs. State of Rajasthan (2009) and Daya Nand vs. State of Haryana (2011), emphasizing that a claim of juvenility could be raised at any stage.
The Court ruled that “Since appellant No. 2 was a juvenile on the date of commission of the offense and has already undergone a considerable jail sentence, his appeal is allowed.”

Final Judgment

The appeal of appellant No. 1, Ashok Kumar Mehra, was dismissed as abated due to his demise during the pendency of the case.
The appeal of appellant No. 2, Sukhwant Kumar Mehra, was allowed, and his conviction was set aside.
The Court ordered that no further imprisonment was required as he had already served a significant part of his sentence.

Legal Implications

This judgment reinforces that a plea of juvenility can be raised at any stage of the legal process, even after final conviction.
It highlights the Supreme Court’s approach in ensuring that juveniles are treated under the special provisions of the Juvenile Justice Act rather than being subjected to adult penal laws.

Conclusion

This case serves as a significant reminder of the importance of procedural safeguards under the Juvenile Justice Act. The Supreme Court’s ruling ensures that a juvenile cannot be wrongfully sentenced under adult criminal laws, even if the claim of juvenility is raised at a later stage. The verdict sets a strong precedent for future cases involving claims of juvenility.

Petitioner Name: Ashok Kumar Mehra & Anr..
Respondent Name: The State of Punjab.
Judgment By: Justice Abhay Manohar Sapre, Justice Dinesh Maheshwari.
Place Of Incident: Punjab.
Judgment Date: 15-04-2019.

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