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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

Ashok Kumar Mehra (father) and Kushwant Kumar Mehra (son) were convicted of murder under IPC Section 302 read with Section 34 and sentenced to life imprisonment. The father's appeal was dismissed as abated due to his death. The son's appeal was allowed because he was below 18 years of age (17 years 5 months) on the date of the offence (4 January 1998). The Court held that a juvenile is entitled to Juvenile Justice Act benefits at any stage, even after conviction. Since the birth certificate was unchallenged by the prosecution and bail had been previously granted based on juvenility, no further inquiry was necessary. The conviction and sentence against the son were set aside."

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