SC declares man juvenile 37 years after rape conviction, refers case to juvenile board
The plea was filed under the Juvenile Justice (Care and Protection of Children) Act, 2000, and the Juvenile Justice Rules, 2007, with a request for an age inquiry so the convict could avail the protections available under juvenile law. The Supreme Court had in January 2025 directed the district and sessions judge of Ajmer to verify the man's age. School admission and other official documents confirmed his date of birth.
New Delhi: The Supreme Court has declared a 53-year-old man a juvenile, 37 years after he raped an 11-year-old girl in Rajasthan’s Ajmer. While the apex court upheld his conviction, it set aside the sentence and referred the matter to the Juvenile Justice Board (JJB) for appropriate action.
The man was convicted of rape and wrongful confinement in February 1993 by an Additional Sessions Judge in Kishangarh, Ajmer. His conviction was upheld by the Rajasthan high court in July 2024, following which he approached the Supreme Court.
Convict a juvenile at the time of offence
The convict's lawyers argued before a bench of Chief Justice B R Gavai and Justice Augustine George Masih that he was a juvenile at the time of the offence. They submitted that his date of birth was September 14, 1972, which made him 16 years, 2 months, and 3 days old when the crime took place in November 1988.
The plea was filed under the Juvenile Justice (Care and Protection of Children) Act, 2000, and the Juvenile Justice Rules, 2007, with a request for an age inquiry so the convict could avail the protections available under juvenile law. The Supreme Court had in January 2025 directed the district and sessions judge of Ajmer to verify the man's age. School admission and other official documents confirmed his date of birth.
The apex court ruling
Based on these findings, the apex court ruled: "The appellant was therefore a juvenile on the date of commission of the crime." It further added that juvenility can be raised at any stage, even post-conviction.
"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," the court said.
The Supreme Court directed the man to appear before the Juvenile Justice Board on September 15, 2025, for further proceedings in accordance with juvenile law.