CHENNAI: The Madras High Court has ordered the release of a convict, who was sentenced to life imprisonment for rape and murder of a minor girl, on the ground that he was a juvenile when he committed the offence.
The order was passed by a division bench of Justices Anita Sumanth and Sunder Mohan while allowing a petition filed by the convict’s cousin A Suresh, of Deveganapalli in Krishnagiri district.
The petitioner’s case is that his cousin A Gangatharan, currently aged 46, has been imprisoned since 2000 when he was convicted and sentenced to life imprisonment by the trial court for raping and murdering a 12-year-old girl by cutting her with an ‘aruval’ in 1996.
The convict filed an appeal against the judgment, but the High Court dismissed it in 2007. Yet, the convict’s cousin filed the writ petition seeking release on the ground of being a juvenile at the time of committing the offence.
As per the directions of the court, the Juvenile Justice Board in Krishnagiri conducted investigations and affirmed the age of the convict as 16 years 5 months and 2 days as on October 7, 1996.
The bench, in the order passed on Monday, concurred with the submissions of advocate P Pugalenthi, appearing for the petitioner, and stated it is well-settled that the plea of juvenility can be raised at any stage even if the conviction and sentence have become final.
Stating that a boy less than 16 years was considered a juvenile under the JJ Act, 1986, the bench noted section 2 (k) of the JJ Act, 2000 defines a juvenile/child as 'a person who has not completed 18 years of age.'
Referring to sections 2 (1) and 20 of the JJ Act, 2000, the bench stated that in all pending cases, including trial, revision, appeal or any other criminal proceedings in respect of a juvenile in conflict with law, the determination of juvenility shall be in terms of section 2 (1) of the Act.
“Admittedly, the convict is in custody for almost 25 years. Hence, considering all the facts and the fact that the convict could not have been confined for more than three years, we are inclined to direct his release forthwith,” the bench said in the order.
