MOHD. FEROZ KHAN@ FEROZ versus STATE OF ANDHRA PRADESH

MOHD. FEROZ KHAN@ FEROZ versus STATE OF ANDHRA PRADESH

Since the petitioner was below 18 years on the date of the offence and the question of juvenility was not determined earlier, he is entitled to the relief as per the Hari Ram precedent; the conviction stands but the sentence is set aside, and the case remitted to the Juvenile Justice Board.

Parties
Petitioner: Mohd. Feroz Khan @ Feroz; Respondent: State of Andhra Pradesh
Jurisdiction
India
Judgment Date
16 December 2015
Procedural Posture
Writ Petition (criminal) / Supreme Court Review Under Article 32
Outcome
Appeal allowed; sentence set aside; case remitted to the Juvenile Justice Board.
Legal Topics
Juvenility, Setting Aside Conviction, Remitting to Juvenile Justice Board
Criminal Law Juvenile Justice Juvenility Setting Aside Conviction Remitting to Juvenile Justice Board

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Parties

Mohd. Feroz Khan @ Feroz

Petitioner

State of Andhra Pradesh

Respondent

Procedural Posture

Writ Petition (criminal) / Supreme Court Review Under Article 32

Legal Issues

  1. 1 Whether the petitioner was a juvenile on the date of the commission of the offence and entitled to the relief under the Juvenile Justice Act, 2000
  2. 2 Whether the Supreme Court can set aside the sentence and remit the case to the Juvenile Justice Board after conviction

Ratio Decidendi

Since the petitioner was below 18 years on the date of the offence and the question of juvenility was not determined earlier, he is entitled to the relief as per the Hari Ram precedent; the conviction stands but the sentence is set aside, and the case remitted to the Juvenile Justice Board.

Court Disposition

Appeal allowed; sentence set aside; case remitted to the Juvenile Justice Board.

Orders

  • Impugned order as it relates to the petitioner set aside
  • Matter remitted to the concerned Juvenile Justice Board for disposal in accordance with law within three months