heinous offence - The Legal Chamber

The Supreme Court invoked Article 142 to quash the appellant's conviction under POCSO and IPC, balancing societal deterrence with familial rehabilitation. The ruling prioritized "complete justice" and marital harmony post-marriage to the victim, imposing a lifelong condition of maintenance and non-desertion, while cautioning against precedent. Facts Of The Case: The appellant was convicted under Section 366 of the Indian Penal Code and Section 6 of the POCSO Act, receiving sentences of rigorous imprisonment for 5 and 10 years respectively. His appeal before the Madras High Court was dismissed in September 2021. During the pendency of this appeal, in May 2021, the appellant married the victim. Subsequently, they had a male child. The appellant's wife filed an affidavit expressing ...

This Supreme Court judgment affirms that claims of juvenility under the Juvenile Justice Act, 2000 can be raised at any stage, even post-conviction. The Court held that a juvenile offender cannot be detained beyond the statutory maximum period prescribed under the Act, and such excess detention violates Article 21 of the Constitution. Facts Of The Case: The petitioner, born on 10th June 1969, was convicted for a murder allegedly committed on 2nd November 1981, when he was approximately 12 years and 5 months old. The trial court, in its 1984 order, recognized his juvenility under the Children Act, 1960 and directed his placement in a children's home instead of prison. Following a reversal of his acquittal by the Supreme Court in 2009, the petitioner absconded and was subsequently arrested...

Tag: heinous offence

Supreme Court Allows Plea of Juvenility Raised Decades After Conviction in Murder Case