LAKHAN LAL versus STATE OF BIHAR

LAKHAN LAL versus STATE OF BIHAR

Appellants, being below 18 years of age at the commission of offence in 1985, are entitled to the benefit of the Juvenile Justice Act 2000; claim can be raised at appellate stage. As they have already undergone more than the maximum period prescribed under the Act, their sentences of life imprisonment are set aside...

Source-derived case information.

Parties
Appellant: Lakhan Lal; Appellant: Pappu Lal @ Manoj Kumar Srivastava; Respondent: State of Bihar
Jurisdiction
India
Judgment Date
14 January 2011
Procedural Posture
Criminal Appeal / Final Appeal Before Supreme Court
Outcome
Appeals partly allowed
Legal Topics
Juvenile Determination, Retrospective Application, Sentencing Under Juvenile Justice Act
Criminal Law Juvenile Justice Juvenile Determination Retrospective Application Sentencing Under Juvenile Justice Act

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Parties

Lakhan Lal

Appellant

Pappu Lal @ Manoj Kumar Srivastava

Appellant

State of Bihar

Respondent

Procedural Posture

Criminal Appeal / Final Appeal Before Supreme Court

Legal Issues

  1. 1 Whether the appellants, aged below 18 years at the time of offence (but not covered as juveniles under the 1986 Act), are entitled to the benefit of the Juvenile Justice (Care and Protection of Children) Act, 2000
  2. 2 Whether claim of juvenility can be raised at appellate stage after attaining age of majority
  3. 3 Appropriate sentencing under the 2000 Act when life imprisonment already undergone

Ratio Decidendi

Appellants, being below 18 years of age at the commission of offence in 1985, are entitled to the benefit of the Juvenile Justice Act 2000; claim can be raised at appellate stage. As they have already undergone more than the maximum period prescribed under the Act, their sentences of life imprisonment are set aside and they are to be released forthwith.

Court Disposition

Appeals partly allowed

Orders

  • Conviction for offences under Section 302/34 IPC sustained
  • Sentences of life imprisonment awarded to appellants are set aside