LexSTATE OF MADHYA PRADESH versus RAMJI LAL SHARMA & ANOTHER
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[2024] 10 S.C.R. 411 : 2024 INSC 747 State of Madhya Pradesh v. Ramji Lal Sharma & Another (Miscellaneous Application No. 261 of 2024 in Criminal Appeal No. 293 of 2022) 23 September 2024 [B.V. Nagarathna* and Nongmeikapam Kotiswar Singh, JJ.] Issue for Consideration Matter pertains to the application filed by applicant seeking his release from further jail sentence, on the ground of his juvenility on the date of the offence and has already undergone a sentence of more than four years. Headnotes† Juvenile Justice (Care and Protection of Children) Act, 2015 – s.94 – Presumption and determination of age – As regards incident of 17.01.2002, the applicant convicted by the Special Sessions Judge, however, acquitted by the High Court – Subsequently, this Court convicted the applicant – Thereafter the applicant underwent sentence of four years and three months in all – Subsequently, miscellaneous application filed by the applicant seeking his release from further jail sentence, on the ground of his juvenility on the date of the offence and has already undergone a sentence of more than four years: Held: Application for claiming juvenility may be made even after the judgment and order of conviction and sentence has been granted against a person which has attained finality – On basis of the report submitted by the Sessions Judge, pursuant to the directions of this Court, it is found that the applicant was below eighteen years of age as on the date of the incident – Date of birth of the applicant has been proved to be 04.10.1984 – Thus, the claim of juvenility made by the applicant, upheld – Conviction as recorded against him set aside and he is acquitted – As he is on interim bail, his bail-bonds stand cancelled. [Para 11] * Author 412 [2024] 10 S.C.R. Digital Supreme Court Reports Case Law Cited Abuzar Hossain v. State of West Bengal [2012] 9 SCR 244 : (2012) 10 SCC 489; Pramila v. State of Chhattisgarh Criminal Appeal No. 64/2012, dated 17.01.2004 – referred to. List of Acts Juvenile Justice (Care and Protection of Children) Act, 2015; Penal Code, 1860; Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. List of Keywords Release from further jail sentence; Juvenility; Date of birth. Case Arising From CRIMINAL APPELLATE JURISDICTION: Miscellaneous Application No. 261 of 2024 In Criminal Appeal No. 293 of 2022 From the Judgment and Order dated 09.03.2022 of the Supreme Court of India in Crl.A. No. 293 of 2022 Appearances for Parties Amit Sharma, A.A.G., Yashraj Singh Bundela, Ramesh Thakur, Chanakya Baruah, Ms. Saloni, Rohan Singla, Advs. for the Petitioner. M/s. Prashant Shukla Law Chambers, Prashant Shukla, Mrs. Anushree Shukla, Prabhat Chowdhary, Kartik Kumar, Ms. Ritika Raj, Akshat Mudgil, Advs. for the Respondents. Judgment / Order of the Supreme Court Judgment Nagarathna, J. The Applicant/Respondent No. 2 herein, i.e., Brijnandan @ Brajesh Sharma has filed the present Miscellaneous Application in the disposed of Criminal Appeal No.293 of 2002. seeking his release from further jail sentence, on the ground of his juvenility on the date of the offence, i.e., on 17.01.2002. [2024] 10 S.C.R. 413 State of Madhya Pradesh v. Ramji Lal Sharma & Another 2. Briefly stated, the facts of the case are that the Respondents in Criminal Appeal No.293 of 2022 were two of the four accused in the crime registered pursuant to FIR No.8/2002 dated 17.01.2002 at Police Station AJK Bhind, District Bhinda, Madhya Pradesh, for the offences committed under Sections 302, 307 and 34 of the Indian Penal Code, 1860 (in short “IPC”), read with Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short “SC/ST Act”). Pursuant to the trial in Special Case No. 74 of 2002 before the Ld. Special Judge, Bhind, the Respondents were convicted for the offences punishable under Section 302 read with Section 34 of the IPC and were awarded life imprisonment and fine of Rs. 5000/- vide judgment dated 24.02.2006. 3. Being aggrieved by the judgment of the Trial Court, the Respondents filed Criminal Appeal No.339 of 2006 before the High Court of Madhya Pradesh, Gwalior Bench. The High Court allowed the appeal preferred by the Respondents vide judgment dated 13.12.2018 and thereby set aside the conviction of the Respondents. 4. Being aggrieved by the judgment of acquittal passed by the High Court, the State preferred this Crimina
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