Supreme Court cancels jail term of rape convict after confirming he was a juvenile in 1988. His conviction remains valid, but further action will be decided by the Juvenile Justice Board.
New Delhi: On July 23, the Supreme Court of India has upheld the conviction of a man in a rape case involving a minor girl that took place in 1988. However, the Court has cancelled the jail sentence because it found that the accused was a juvenile at the time of the crime.
A bench led by Chief Justice of India B R Gavai and Justice Augustine George Masih passed the verdict.
The Court noted that the accused had claimed he was under 18 years of age on the date of the offence, which occurred on November 17, 1988. Taking his plea seriously, the Supreme Court directed the District and Sessions Judge of Ajmer to conduct a proper inquiry to verify his age.
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After examining the report submitted by the District Judge, the Supreme Court said:
“The appellant was therefore a juvenile on the date of commission of the crime.”
According to the inquiry, the accused was exactly 16 years, 2 months, and 3 days old when the crime was committed. Based on this, the Court observed that he was legally a juvenile.
The Supreme Court relied on previous rulings which allow the accused to raise the issue of juvenility at any stage of the legal process.
“The authoritative judgments of the top court have categorically held that plea of juvenility could be raised before any court and has to be recognised at any stage, even after disposal of the case.”
Due to this finding, the Court ruled that the Juvenile Justice (Care and Protection of Children) Act, 2000 would apply to this case, even though the crime took place before the Act came into force.
“Consequently, the sentence as imposed by the trial court and upheld by the high court will have to be set aside, as the same cannot sustain. We order accordingly.”
Instead of upholding the five-year sentence given by the trial court and confirmed by the Rajasthan High Court in July 2024, the Supreme Court referred the matter to the Juvenile Justice Board.
The Board has been asked to take appropriate steps as per Sections 15 and 16 of the 2000 Act. Section 15 allows the Board to pass suitable orders regarding a juvenile, and Section 16 outlines what kind of punishment cannot be passed against a juvenile.
The accused has been ordered to appear before the Juvenile Justice Board on September 15 for further proceedings.
In the course of the hearing, the accused’s lawyer also questioned the credibility of the prosecution’s evidence and pointed out some alleged discrepancies. However, the Supreme Court found the testimony of the rape survivor to be reliable and consistent.
The bench clearly stated:
“The survivor was firm in her cross-examination supported by the medical evidence.”
“Her testimony was found ‘worthy of credence’ requiring no corroboration that could form the sole basis for conviction.”
Further, the Court noted that the prosecution’s case was supported not just by the victim’s statement but also by multiple witness statements and medical reports.
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“Prosecution’s case is not founded solely on the testimony of the victim; rather, it is amply supported by the statements of other witnesses and corroborating medical evidence, all of which collectively establish the case of the prosecution.”
The Supreme Court concluded by stating that the findings related to the conviction were firmly proven.
“The findings recorded with regard to his conviction stood duly established beyond doubt.”
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