Lucknow, Nov 26: 40 years after the incident, the Lucknow bench of Allahabad High Court declared a 56-year-old accused as a juvenile, sentencing him to the punishment already undergone in a case of culpable homicide not amounting to murder. The order was passed by a bench comprising Justice Ramesh Sinha and Justice Vivek Varma.
According to a report in Times Of India, The Juvenile Justice Board (JJB), Ambedkar Nagar, in October 2017, had declared the convict, Sangram, a juvenile, but when deciding the appeal finally on October 11, 2018, the HC did not take into account this fact. The HC, in fact, had partly allowed the appeal of convicts Ram Kumar and Sangram by upholding the conviction, but modifying the sentence under Section 304 (1) of IPC sentencing them to undergo 10 years of jail term. Man Dies in Assam Before Last Chance to Prove Indian Citizenship
The convict, Sangram challenged the high court verdict in the Supreme Court, pleading that the high court committed grave error in deciding the appeal against him without considering his plea of juvenility that can be raised at any stage of the criminal proceedings. The Supreme Court on August 27, 2021, remitted back the matter to the high court for deciding the plea of juvenility.
Hearing the plea, the high court found that additional sessions judge, Faizabad, on November 25, 1981, had found Ram Kumar and Sangram guilty for committing a murder in Ibrahimpur police circle, Faizabad, and hence convicted them with imprisonment for life. The two had preferred appeal in the high court in 1981 against the said conviction and sentence.
During pendency of the appeal on a direction of the high court, the JJB submitted its report before it on October 11, 2017, that Sangram was juvenile and aged about 15 years when the crime was committed in 1981.
Considering the matter after the remand order passed by the SC, the high court bench said, "Opinion was formed by the JJB on Transfer Certificate of Sangram pertaining to Class 5 and it was proved by the headmaster of the concerned school by placing relevant documents. No appeal has been filed by the complainant and even the state has not objected to the said finding of the JJB."
“Thus, we are of the view that the report dated October 11, 2017, passed by JJB, after making thorough inquiry, is liable to be accepted and we, accordingly, accept the same," observed the bench. ‘Sexual Intent, Not Skin-to-Skin Contact Leads To Assault’: Supreme Court Sets Aside Bombay High Court Judgement
After observing the overall circumstances and noting that the juvenile convict had already served three years of imprisonment, the bench modified the sentence and directed that he be released from jail if he is not accused in any other case.
(The above story first appeared on LatestLY on Nov 26, 2021 01:18 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).