NARAYAN CHETANRAM CHAUDHARY versus THE STATE OF MAHARASHTRA

NARAYAN CHETANRAM CHAUDHARY versus THE STATE OF MAHARASHTRA

The Supreme Court accepted the Inquiring Judge's report that the applicant (tried as Narayan) is the same person as 'Niranaram' and that the school-issued date of birth (1 February 1982) shown in the school admission register and certificate is authentic and credible; on that basis the applicant was 12 years and 6 months at the time of the offence and therefore a child/juvenile under the 2015 Act; Section 9(2) claims may be raised at any stage and a court conducting such inquiry need not strictly follow CrPC trial procedure; consequence: the death sentence was invalidated by operation of law and the applicant was to be set free forthwith, having served the relevant period in custody.

Parties
Applicant/convict: Narayan Chetanram Chaudhary (also referred to as Niranaram); Respondent: The State of Maharashtra
Jurisdiction
India
Judgment Date
27 March 2023
Procedural Posture
Criminal Application Under Section 9(2) of the Juvenile Justice (care and Protection of Children) Act, 2015; Connected With Review Petition (criminal) Nos.1139 1140 of 2000 and Criminal Appeal Nos.25 26 of 2000 / Post Conviction and Post Review (conviction and Death Sentence Confirmed and Appeal/review Dismissed); Inquiry Referred to Principal District and Sessions Judge and Final Determination by Supreme Court
Outcome
Application under Section 9(2) JJ Act 2015 allowed
Legal Topics
Juvenility Determination, Procedure for Court Inquiry Under S.9(2) JJ Act 2015, Age Determination (school Records, Ossification), Evidentiary Value of School Admission Registers, Invalidity of Death Sentence for Juvenile
Juvenile Justice Criminal Law Evidence Procedure Constitutional Law Juvenility Determination Procedure for Court Inquiry Under S.9(2) JJ Act 2015 Age Determination (school Records, Ossification) +2 more

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Parties

Narayan Chetanram Chaudhary (also referred to as Niranaram)

Applicant/convict

The State of Maharashtra

Respondent

Procedural Posture

Criminal Application Under Section 9(2) of the Juvenile Justice (care and Protection of Children) Act, 2015; Connected With Review Petition (criminal) Nos.1139 1140 of 2000 and Criminal Appeal Nos.25 26 of 2000 / Post Conviction and Post Review (conviction and Death Sentence Confirmed and Appeal/review Dismissed); Inquiry Referred to Principal District and Sessions Judge and Final Determination by Supreme Court

Legal Issues

  1. 1 Whether the applicant (convict) was a child/juvenile on the date of the commission of the offence
  2. 2 Whether a claim under Section 9(2) JJ Act 2015 may be raised at any stage post-conviction/review and be inquired into
  3. 3 What procedure a Court must follow in an inquiry under Section 9(2) JJ Act 2015 and whether strict CrPC summons-trial procedure is required

Ratio Decidendi

The Supreme Court accepted the Inquiring Judge's report that the applicant (tried as Narayan) is the same person as 'Niranaram' and that the school-issued date of birth (1 February 1982) shown in the school admission register and certificate is authentic and credible; on that basis the applicant was 12 years and 6 months at the time of the offence and therefore a child/juvenile under the 2015 Act; Section 9(2) claims may be raised at any stage and a court conducting such inquiry need not strictly follow CrPC trial procedure; consequence: the death sentence was invalidated by operation of law and the applicant was to be set free forthwith, having served the relevant period in custody.

Court Disposition

Application under Section 9(2) JJ Act 2015 allowed

Orders

  • Report of the Principal District and Sessions Judge, Pune (Inquiring Judge) accepted
  • Applicant declared to be a child/juvenile on the date of the commission of the offence (age accepted as 1 February 1982 -> 12 years 6 months at time of offence)