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Supreme Court of India 2019-04-15 partly_allowed

Ashok Kumar Mehra & Anr vs State of Punjab etc

Bench: 2 — Abhay Manohar Sapre

In Brief

A father and son were convicted of murder by the High Court after being acquitted by the trial court. The Supreme Court allowed the son's appeal on the ground that he was a juvenile (17 years 5 months old) at the time of the offence, even though this issue was not raised at trial or before the High Court. The Court held that juvenility entitles an offender to protection under the Juvenile Justice Act at any stage of proceedings. Since the son's date of birth certificate had been filed at trial and not objected to by the prosecution, the Court set aside his conviction without further inquiry. The father's appeal was dismissed as abated due to his death during pendency.

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