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Supreme Court of India 2023-11-21 partly_allowed

PAWAN KUMAR vs STATE OF UTTAR PRADESH & ORS

Bench: 2 — Sanjay Kishan Kaul, Sudhanshu Dhulia

In Brief

On 1 December 1995, Pawan Kumar allegedly participated in an armed assault that resulted in one death. He was convicted of murder and attempted murder. Years later, he raised a claim of juvenility. The Supreme Court examined whether he was a juvenile at the time of the offence. Prioritising school certificates consistently recording his birth date as 5 July 1980 over conflicting documents (Family Register and bone ossification test), the Court held him to be a juvenile—15 years and 4 months old at the time. His conviction was sustained (shared role with co-accused), but sentences were quashed; he was released forthwith after serving over 4.5 years, exceeding the maximum detention period for juveniles."

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