RAM NARAIN versus STATE OF U.P.

Citation: [2015] 9 S.C.R. 200 · Decided: 07-08-2015 · Supreme Court of India · Bench: PINAKI CHANDRA GHOSE · Disposal: Appeal(s) allowed

Cited by 3 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

A 
8 
[2015] 9 S.C.R. 200 
RAM NARAIN 
v. 
STATE OF U.P. 
(Criminal Misc. Petition No. 7526 of 2015) 
IN 
Special Leave Petition (Crl.) No.1446 of2004 
AUGUST 07, 2015 
C 
[PINAKI CHANDRA GHOSE AND R. K. AGRAWAL, JJ.] 
Juvenile Justice (Care and Protection of Children) Act, 
2000: 57(a) -
Conviction of petitioner-applicant for 
commission of offence uls. 302, !PC and imposition of life 
0 
imprisonment -
Subsequent application by him for 
declaration of hisjuvenility on the date of incident- Juvenile 
Justice Board on the basis of school transfer certificate 
coming to conclusion that the applicant on the date of incident 
was 15 years, 11 months only and declared him juvenile 
E offender- Petitioner-applicant already served sentence for 
more than 10 years and still in jail - Held: Applicant should 
get the benefit under the Act since he was juvenile on the 
date of commission of the offence - Penal Code, 1860 - s. 
302 
F 
G 
H 
Upendra Pradhan v. State of Orissa 2015 (5) SCALE 
634; Ajay Kumar v State of M.P (2010) 15 SCC 83; 
Hakim v. State (2014) 13 SCC 427; Lakhan Lal v. State 
of Bihar (2011) 2 sec 251 - relied on. 
Case Law Reference 
2015 (5) SCALE 634 
relied on. 
Para4 
(2010) 15 sec 83 
relied on. 
Para4 
(2014) 13 sec 427 
relied on. 
Para 4 
(2011) 2 sec 251 
relied on. 
Para4 
200 
RAM NARAIN v. STATE OF U.P. 
201 
CRIMINALAPPELLATE JURISDICTION: Criminal Misc. 
A 
Petition no. 7526 of 2015 in Special Leave Petition (Crl.) No. 
1446 of2004 
From the Judgment and Order dated 07 .11.2003 of the 
High Court of Judicature at Allahabad in Criminal Appeal No.· B 
2297of1978 
Santosh Kumar Tripathi for the Petitioner. 
The Order of the Court was delivered 
ORDER 
c 
1. This application has been filed to release the applicant 
from the prison on the ground mentioned in the petition that 
the petitioner-applicant has already served the sentence for D 
more than 10 years and still is in jail. The petitioner-applicant 
was sentenced for life imprisonment for commission of offence 
under Section 302 of the Indian Penal Code, 1860 ("IPC" for 
short). Subsequent thereto he filed an application for 
declaration of his juvenility on the date of the incident, before E 
the competent Court of jurisdiction, under the advice of his 
counsel, being Application No.259 of 2013. The Juvenile 
Justice Board vide its order dated 16.11.2013, a copy whereof 
is also annexed hereto, arrived at the conclusion that the age 
of the applicant on the date of the incident was 15 years 11 
F 
months 26 days only and thereby he was below 18 years at 
the time of occurring of incident. Accordingly, by the said order 
the Juvenile Justice Board declared him as a juvenile offender. 
It further appears that before the Juvenile Justice Board the 
applicant-petitioner produced a transfer certificate wherein his G 
date of birth was recorded as December 25, 1960. 
2. Learned counsel appearing for the petitioner-applicant 
submitted that in view of the aforesaid fact the petitioner-
applicant should be given exemption under the provisions of H 
202 
SUPREME COURT REPORTS 
(2015) 9 S.C.R. 
A 
Juvenile Justice (Care and Protection of Children) Act, 2000. 
He further drew our attention to the certificate issued by the 
Senior Jail Superintendent, Central Jail, Agra, certifying the 
period he is in jail. The learned counsel appearing in this 
matter further submitted that according to the prosecution the 
B petitioner-applicant was charged under Section 302 of the 
Indian Penal Code, 1860 for committing the murder of one 
Nathi Lal on 21st December, 1976 at about 6.30 P.M. by 
causing him gunshot injury. The petitioner-applicant pleaded 
juvenility before the Trial Court in his statement recorded under 
C 
Section 313 of the Code of Criminal Procedure, 1973 on 28th 
July, 1978, along with other grounds in his defence, but he could 
not produce the transfer certificate during prosecution being 
helpless and as a result whereof he had to suffer the sentence 
0 
under Section 302 IPC culminating to life imprisonment. The 
special leave petition filed by the petitioner-applicant before 
this Court was dismissed on 20.08.2004 and the review 
petition was also dismissed by this Court by its order dated 
13.10.2004, 
E 
3. In these circumstances, the petitioner-applicant had to 
spend more than 10 years in prison without getting any remedy 
under the provisions of the Juvenile Justice (Care and 
Protection of Children) Act, 2000. We have heard the learned 

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