MOHD. FEROZ KHAN@ FEROZ versus STATE OF ANDHRA PRADESH

Citation: [2015] 15 S.C.R. 147 · Decided: 16-12-2015 · Supreme Court of India · Bench: JASTI CHELAMESWAR · Disposal: Appeal(s) allowed
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Judgment (excerpt)

[2015] 15 S.C.R. 147 
MOHD. FEROZ KHAN@ FEROZ 
v. 
STATE OF ANDHRA PRADESH 
(Writ Petition (Criminal) No. 67 of 2014) 
DECEMBER 16, 2015 
[J. CHELAMESWAR AND 
ABHAY MANOHAR SAPRE, JJ.] 
A 
B 
Juvenile Justice (Care and Protection of Children) Act, 
2000 -
ss.2(1), 20 - Convietion of petitioner for offence of C 
murder - Plea of juvenility raised before Supreme court for 
the first time for setting aside the sentence - Held: Since 
petitioner was below 18 years on the date of commission of 
offence, the provisions of Act of 2000 would apply in his case -
Matter remitted to Juvenile Justice Board for· disposal of D 
petitioner's case- Penal Code, 1860- ss. 1208, 302 and 396. 
Allowing the appeal and remitting the matter to the 
Juvenile Justice Board, the Court 
HELD: It was held in *Hari Ram case that Section E 
20 enables the cou·rt to consider and determine the 
juvenility of a person even after conviction by the regular 
court and also empowers the court, while maintaining 
the conviction, to set aside the sentence imposed and 
forward the case to the Juvenile Justice Board F 
concerned for passing sentence in accordance with the 
provisions of the Juvenile Justice Act, 2000. In the instant 
case, the offence was committed on 02.08.1999 and the 
petitioner was found between the age group of 16-17 
years i.e. below 18 years on the date of commission of G 
the offence. That apart, the question of juvenility of 
petitioner was not gone into till date in accordance with 
law by any Court. The petitioner is entitled to claim the 
same relief as was granted in the case of Hari Ram by 
this Court. The impugned order in so far as it relates-to H 
147 
148 
SUPREME COURT REPORTS 
[2015] 15 S.C.R. 
A the petitioner is set aside. The matter is remitted to the 
concerned Juvenile Justice Board exercising jurisdiction 
for disposal of the petitioner's case in accordance with 
law. [Paras 16 to 19] [152-D; 153-H; 154-A-B, G-H; 155-
A-C] 
B 
c 
*Hari Ram v. State of Rajasthan & Anr. 2009 (7) 
SCR 623 : (2009) 13 SCC 211 - relied on. 
Case Law Reference 
2009 (7) SCR 623 
relied on 
Para 10 
CRIMINAL ORIGINAL JURISDICTION : Writ Petition 
(Criminal) No. 67 of 2014. 
Under Article 32 of the Constitution of India. 
R. K. Dash, Sr.Adv., Mohd. lrshad Hanif,AarifAli Khan, 
D Advs. for the Appellant. 
E 
S. Udaya Kumar Sagar, Krishna Kumar Singh, Advs. for 
the Respondent. 
The Judgment of the Court was delivered by 
ABHAY MANOHAR SAPRE, J.· 1. This writ petition 
under Article 32 of the Constitution of India is filed by the 
petitioner (Accused No.2, in short 'A-2') to raise the plea of 
juvenility alleging inter a/ia that he was juvenile on the date of 
the commission of offence, i.e., 02.08.1999 and hence entitled 
F to seek issuance of a writ in the nature of Certiorari and 
Mandamus for setting aside the order of sentence dated 
28.06.2004 passed by the Additional Metropolitan Sessions 
Judge, Hyderabad in Sessions Case No. 93 of 2002 as 
confirmed by the High Court by judgment/order dated 
G 27.02.2007 in Criminal Appeal No. 1825 of 2004 and by this 
Court on 08.07.201_0 in Criminal Appeal No.435/2008 against 
him. 
2. The brief facts of the case to appreciate the short 
H issue involved in the petition need mention infra: 
MOHD. FEROZ KHAN@ FEROZ v. STATE OF A. P. 
149 
[AB HAY MANOHAR SAPRE, J.] 
(a) Rama Krishana Rao (hereinafter referred to as "deceased") A 
was resident of Bodhan, Nizamabad District. He was running 
a cycle shop called 'Krishna Shop' and also a theatre. One 
Azam Ghouri (A-9) (died during the trial) who organized a 
Tanjeem along with eight persons hatched a conspiracy to 
snatch away the cash bag of the deceased. In pursuance 
B 
thereof, on 02.08.1999, Azam Ghouri (A-9) chalked out a plan 
at Sarbathi Canel Mozque, Bodhan. According to his plan, 
Maqbool @Zubair@ Shahnawaz (A-1) will snatch the bag of 
the deceased, Mohd. Feroz Khan @ Feroz (A-2), petitioner 
herein, will drive the vehicle so as to facilitate them to escape c 
from the scene after commission of the offence and other seven 
persons will watch the movements by taking shelter near the 
shop and house of the deceased. For implementation of their 
plan, oneAbdulAahth (A-6) arranged a vehicle from his friend 
(PW-12) and A-9 gave his pistol toA-1. 
D 
(b) On 02.08.1999, a lorry loaded.with spare parts of Hero 
cycle came to the shop of the deceased and the goods were . 
unloaded into the shop at 10.30 p.m. 
By that time, the 
deceased was having
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