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Supreme Court of India 2022-09-12 remanded

VINOD KATARA vs STATE OF UTTAR PRADESH

Bench: 2 — Dinesh Maheshwari, J.B. Pardiwala

In Brief

A murder convict serving life imprisonment since 1986 claimed he was a juvenile (around 15 years old) when the crime was committed in 1982. The claim was raised for the first time via writ petition decades after conviction and dismissal of appeals. The Supreme Court held that claims of juvenility can be raised at any stage, even after final disposal. However, when raised belatedly, the applicant must provide prima facie satisfactory material. The Court directed the Sessions Court to examine the Family Register document produced and conduct further age determination tests, holding that ossification tests are unreliable for persons aged 40+ years. The decision emphasizes the liberal application of juvenile justice laws in furtherance of child protection principles.

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Juvenile Justice Criminal Procedure Age Determination Constitutional Rights Child Protection Evidence Life Imprisonment Belated Pleas

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