Criminal Law
Mode of Citation- ILC-2017-SC-CRL-....
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Criminal Law
Mode of Citation- ILC-2017-SC-CRL-....
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ILC-2015-SC-CRL-Mar-3

Abdul Razzaq Vs. State of U.P.

Head Note

Juvenile Justice (Care And Protection of Children) Act, 2000  - Section 7 , Section 20

Juvenile Justice (Care & Protection of Children) Rules, 2007 - Rule 12 - Juvenile - Conviction and sentence of life imprisonment of petitioner u/s 302 IPC confirmed up to Apex Court - Review petition also dismissed by the Apex Court - He has undergone 14 years of incarceration- Petitioner found to be juvenile i.e. below 18 years of age on the date of incident - Order dismissing SLP and review petition recalled - Held that provisions of Section 7-A, 20 and Rule 12 of the Rules clearly show that even if a person was not entitled to the benefit of juvenilities under the 1986 Act or the present Act prior to its amendment in such benefit is available to a person undergoing sentence if he was below 18 on the date of the occurrence. Such relief can be claimed even if a matter has been finally decided, as in the present case - While leaving the conviction undisturbed, the sentence liable to be set aside - The petitioner directed to be released from custody forthwith unless required in any other case.

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