Explained: Why a 53-year-old rape convict will be sentenced as a juvenile
The Court's Ruling: The Supreme Court, led by Chief Justice BR Gavai and Justice Augustine George Masih, noted that the prosecution's case was robust, supported by the survivor's testimony, witness statements, and medical evidence.The Court accepted his claim of being a juvenile based on his school records, which were deemed reliable evidence under the Juvenile Justice Act.Despite objections from the Rajasthan government counsel, who argued against granting juvenile status after decades, the court cited prior rulings that the plea of juvenility can be raised at any stage, even after a case's disposal.Consequently, the court set aside the earlier sentence, as it could not be sustained under juvenile justice provisions, and directed the JJB to issue appropriate orders.The JJB may send the man to a special home for a maximum of three years, as per the Juvenile Justice Act.What are the key provisions of India's Juvenile Justice laws relevant to this case?The Juvenile Justice (Care and Protection of Children) Act, 2015, defines a juvenile as a person under 18 at the time of the offense.Juveniles are tried by the Juvenile Justice Board, not adult courts. They cannot face adult penalties like life imprisonment or death.Rehabilitative measures, such as counselling or placement in a juvenile home for up to three years, are prioritised (Section 18).At the time of the offense, the Juvenile Justice Act, 1986, was in effect, defining boys under 16 and girls under 18 as juveniles. However, the Supreme Court applied the beneficial provisions of the 2015 Act, which raised the age to 18 for all children.Why is this case significant?The case underscores that juvenility claims remain valid regardless of the time elapsed or the accused's current age. It reinforces the principle that juveniles must be treated differently, even for serious crimes, and highlights the retrospective application of beneficial juvenile justice provisions.- Ends
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