MAKKELLA NAGAIAH versus THE STATE OF ANDHRA PRADESH

MAKKELLA NAGAIAH versus THE STATE OF ANDHRA PRADESH

The Sessions Judge's enquiry and report established the petitioner's date of birth as 02.05.1989, making him 16 years 7 months at the time of the offence on 21.12.2005; under Sections 16 read with 15(1)(g) of the Juvenile Justice Act, 2000 the maximum custodial period is three years, and having already undergone more than twelve years of imprisonment the petitioner must be released.

Parties
Petitioner: Makkella Nagaiah; Respondent: The State of Andhra Pradesh
Jurisdiction
India
Judgment Date
05 September 2023
Procedural Posture
Writ Petition (crl.) No. 429 of 2022 / Writ Petition Under Article 32 Decided by Supreme Court (final Order)
Outcome
Writ petition allowed
Legal Topics
Juvenility, Verification of Age, Sentencing, Section 302 IPC, Section 34 IPC, Juvenile Justice (care and Protection of Children) Act, 2000
Juvenile Justice Criminal Law Constitutional Law Juvenility Verification of Age Sentencing Section 302 IPC Section 34 IPC +1 more

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Parties

Makkella Nagaiah

Petitioner

The State of Andhra Pradesh

Respondent

Procedural Posture

Writ Petition (crl.) No. 429 of 2022 / Writ Petition Under Article 32 Decided by Supreme Court (final Order)

Legal Issues

  1. 1 Whether the petitioner was a juvenile at the time of the offence on 21.12.2005
  2. 2 Whether the maximum period of custody under the Juvenile Justice Act, 2000 applies and what that period is
  3. 3 Whether the petitioner should be released having already undergone imprisonment exceeding the statutory maximum for a juvenile

Ratio Decidendi

The Sessions Judge's enquiry and report established the petitioner's date of birth as 02.05.1989, making him 16 years 7 months at the time of the offence on 21.12.2005; under Sections 16 read with 15(1)(g) of the Juvenile Justice Act, 2000 the maximum custodial period is three years, and having already undergone more than twelve years of imprisonment the petitioner must be released.

Court Disposition

Writ petition allowed

Orders

  • Petitioner shall be released forthwith if not required to be detained in any other case.
  • There shall be no order as to costs.