MUMBAI: The Bombay high court on Monday directed the Juvenile Justice Board, Mumbai, to conduct an inquiry into the claim made by a convict serving a life sentence for murder that he was a juvenile at the time of committing the offence.
The convict, who has been jailed in Nashik Central prison for 10 years, said when he was out on parole in 2017, he visited his native place in UP and came across certain material which indicated he was below 18 years of age.
Convict shows docus to support his age claim
The direction by a bench of Justices S S Shinde and Justice Makarand Karnik came on a petition by Khar (west) resident Arvindkumar Sahu (27), who has been in custody since October 2009, and has undergone imprisonment of 10 years in Nashik jail.
His petition said that the documents Sahu obtained show that he was born on July 7, 1992 and when the crime occurred—October 6, 2009—he was 17. His date of birth was mentioned in the school register and transfer certificate, his marksheet for a 2005-06 exam and in the family register from the office of the development officer of gram panchayat of his village near Allahabad. His advocate urged that he be treated as a “juvenile in conflict with law” under the Juvenile Justice Act, 2000.
The judges noted that the Act defines a “juvenile in conflict with law” as one who is alleged to have committed an offence and has not completed 18 years on date of commission.
“In these circumstances, it would be expedient to refer to the matter to Juvenile Justice Board for an inquiry as regards juvenility of the petitioner...,” the judges said, directing that a report be submitted within 14 weeks.