SC: Plea of Juvenility can’t be Entertained for Incident Committed 2 Decades Back


April 09, 2018

Case name: Mahesh v. State of Rajasthan

Date of Judgement: March 27, 2018

In the instant case, the crux of the issue lied in the admitted fact that the accused appellants who were juveniles under the Juvenile Justice (Care and Protection of Children) Act, 2000, on the date of commission of the crime i.e. in the year 2001. The appellants had been held guilty of offences under the Indian Penal Code by the Trial Court and subsequently by the High Court. The appellants in their appeal before the Supreme Court took the plea of juvenility and prayed to be absolved of their criminality.

While elucidating on the whole case, the Supreme Court considered the issue with regard to the validity/correctness of the conviction recorded by the High Court against the accused appellants.

The Supreme Court after hearing the parties and considering the law in question refused to take a view different from what had been recorded by the learned trial Court and affirmed by the High Court. The Apex Court observed as under:

  • That the validity of the conviction in respect of the incident which occurred almost two decades back, ought to be decided in these appeals and the entire of the proceedings including the punishment/sentence awarded should not be interfered with on the mere ground that the accused appellants were juveniles on the date of commission of the alleged crime.
  • That the judicial approaches must always be realistic and have some relation to the ground realities.

In view of the aforesaid, the Supreme Court denied from taking a view The entire case can be accessed here.