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Supreme Court of India 2020-01-20 dismissed

PAWAN KUMAR GUPTA vs STATE OF NCT OF DELHI

Bench: 3 — R. Banumathi, Ashok Bhushan, A.S. Bopanna

In Brief

In this case, a death-row inmate claimed he was a juvenile (16 years old) at the time of the crime and invoked the Juvenile Justice Act, citing a School Leaving Certificate. However, the Supreme Court found that the accused had previously raised and lost this same juvenility claim at the trial court, High Court, and Supreme Court review stage. The Court held that while juvenility can generally be raised at any time, once properly adjudicated and rejected through correct procedure at all levels, it cannot be reagitated. The SLP was dismissed, though the Court reserved liberty for the petitioner to separately challenge certain adverse observations made by the High Court.

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Criminal Law Juvenile Justice Constitutional Law Criminal Procedure

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