ASHOK KUMAR MEHRA & ANR. versus THE STATE OF PUNJAB ETC.

ASHOK KUMAR MEHRA & ANR. versus THE STATE OF PUNJAB ETC.

Since appellant no. 2 was below 18 years of age on the date of the offence, he is entitled to the benefit of the 2000 Act, and the conviction and sentence passed by the High Court against him are set aside.

Parties
Appellant No. 1 (father): Ashok Kumar Mehra; Appellant No. 2 (son): Kushwant @ Sukhwant Kumar Mehra; Respondent: The State of Punjab; Respondent: Complainant (not named)
Jurisdiction
India
Judgment Date
15 April 2019
Procedural Posture
Criminal Appeal / Supreme Court Appeals From High Court Conviction
Outcome
Appeal of appellant no.1 dismissed as abated due to death; appeal of appellant no.2 allowed; order of conviction and sentence against appellant no.2 set aside
Legal Topics
Juvenility Claim, Benefit of Juvenile Justice Act to Accused Above 16 But Below 18 Years, Retrospective Benefit to Juveniles
Criminal Law Juvenile Justice Juvenility Claim Benefit of Juvenile Justice Act to Accused Above 16 But Below 18 Years Retrospective Benefit to Juveniles

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 10 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Ashok Kumar Mehra

Appellant No. 1 (father)

Kushwant @ Sukhwant Kumar Mehra

Appellant No. 2 (son)

The State of Punjab

Respondent

Complainant (not named)

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Appeals From High Court Conviction

Legal Issues

  1. 1 Whether appellant no.2 was entitled to benefit of the Juvenile Justice (Care and Protection of Children) Act, 2000, having been below 18 years on the date of offence
  2. 2 Whether plea of juvenility can be raised for the first time before the Supreme Court

Ratio Decidendi

Since appellant no. 2 was below 18 years of age on the date of the offence, he is entitled to the benefit of the 2000 Act, and the conviction and sentence passed by the High Court against him are set aside.

Court Disposition

Appeal of appellant no.1 dismissed as abated due to death; appeal of appellant no.2 allowed; order of conviction and sentence against appellant no.2 set aside

Orders

  • Appeal of Ashok Kumar Mehra (appellant no.1) dismissed as abated
  • Conviction and sentence against Kushwant @ Sukhwant Kumar Mehra (appellant no.2) set aside