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Synopsis

The Bombay High Court recently ordered the release of a man 19 years after his conviction upon finding that he was a juvenile when the offence was committed.

A division bench of the high court, comprising Justice AS Gadkari and Justice Shyam Chandak, heard an application filed under Article 226 of the Constitution. ‘

The man, who was convicted of rape under Section 276(f) of the Indian Penal Code, challenged the government order dated 7th November 2019, which rejected his application for premature release.

The trial court convicted the man of rape and sentenced him to life imprisonment.

While his main petition was being heard, the man filed an interim application seeking his release from jail on the grounds of his juvenility at the time of the commission of the said crime.

The man relied on the School Leaving Certificate issued by the Head Master of Dharmaraj Vishwakarma Primary School, Turkauliya, Bargah (Husemau), Bankati Vasti, Uttar Pradesh, in support of his claim of juvenility.

In response to the High Court's order, a police officer conducted an inquiry regarding the said School Leaving Certificate.

The police officer, after conducting the inquiry, found out that the date of birth of the Petitioner is 16th April 1988.

Advocate MM Chaudhri, appearing for the man, argued that at the time of the commission of the offence, i.e., 16th January 2005, he was aged about 16 years and 9 months, thus a juvenile, and therefore the provisions of the Juvenile Justice (Care and Protection of Children) Act are squarely applicable to him.

The high court, while ordering his release, noted that the man had already undergone more than 3 years of actual imprisonment.

“We find substance in the contentions of the learned Advocate for the Applicant/Petitioner. It is an admitted fact that, the Applicant has already undergone more than three years of actual imprisonment. In view thereof, the Applicant/Petitioner is entitled to be released from jail forthwith,” the order reads.

Case title: Pintu Chauhan vs State of Maharashtra