MAKKELLA NAGAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This is a Writ Petition under Article 32 of the Constitution of India. Petitioner seeks verification of his claim of juvenility and consequential orders as per the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000 (Hereinafter 'Juvenile Justice Act, 2000'). As such a plea can be raised at any stage, we called for a report after due enquiry. Having perused the report of the Additional Sessions Judge confirming the petitioner's juvenility at the time of commission of the offence, we have allowed the Writ Petition and directed the release of the petitioner, who has undergone much more than the maximum statutory punishment under the Juvenile Justice Act, 2000, i.e., three years of incarceration.

(2.) For an incident dtd. 21/12/2005, the petitioner was arrayed as an accused along with others in Crime No. 228/05, P.S. Sathupally, (A.P.). By its judgment dtd. 15/12/2009, the III Additional Sessions Judge (FTC), Khammam, convicted the petitioner and other co-accused persons, inter alia, under Sec. 302 read with Sec. 34 of the Indian Penal Code, 1860, and sentenced them to undergo imprisonment for life. The petitioner appealed against the conviction and the sentence to the High Court of Andhra Pradesh, which by its judgment dtd. 10/4/2014, dismissed the appeal and upheld the aforesaid conviction. The petitioner also filed a Special Leave Petition against the concurrent findings of the Sessions Court and the High Court, and this Court by its order dtd. 12/7/2022 dismissed the SLP, according finality to the conviction and the sentence.

(3.) Two months after the dismissal of the SLP, the petitioner filed the present Writ Petition praying that a Writ of Mandamus be issued to the State to verify his claim of juvenility and to pass necessary consequential orders.