In Brief
The appellant was convicted of gang rape along with two others under Section 376(2)(g) IPC and sentenced to 10 years imprisonment. He claimed during appeal that he was a juvenile (under 18) at the time of the offence. The High Court rejected this plea. The Supreme Court ordered a formal age inquiry under the Juvenile Justice Act 2000, which established he was 16 years old when the crime occurred. The Court held that a proper statutory inquiry under Rule 12 of the 2007 Rules, based on school certificates and records, takes precedence over the High Court's assessment made without following prescribed procedure. The conviction was set aside and he was released, having already served 6 years (exceeding the 3-year maximum for juveniles).
The lawyer headnote and full judgment text are available to registered users.