Criminal lawyer: the issue of juvenility of the accused was raised first time before the SC, the same was allowed and conviction set aside.- 16:30
Supreme Court of India
Justice Abhay Manohar Sapre
The issue of juvenility of the appellant accused at the time of commission of offence was raised in the matter titled as "Ashok Kumar Mehra Versus State of Punjab" before the apex court first time.
The supreme court allowed the said plea to be raised first time before it. It was further held that as the appellant was below 18 years at the time of commission of offence, that is, in the year 1998, albeit the said plea was not raised either before the trial court or before the High Court the same may be raised first time before the SC.
Accordingly, the order of conviction impugned was set aside on the ground of juvenility of the accused at the time of commission of offence in question.