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. 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 dated 12.07.2022 dismissed the SLP, according finality to the conviction and the sentence. Since the juvenility was based on the petitioner’s school documents, this Court considered it appropriate to direct the Additional Sessions Judge (Fast Track Court), Khammam, Andhra 3 Pradesh, to conduct an enquiry with regard to the plea of juvenility raised by the petitioner. In the report dated 13.05.2023, the FAC II Additional Sessions Judge, Khammam, has categorically come to the conclusion that the date of birth of Makkella Nagaiah is 02.05.1989. In view of the above we allow the Writ Petition and direct that the petitioner be released forthwith, if he is not required to be detained in any other case.
Also Read: https://newslaw.in/?p=666
Case Title: MAKKELLA NAGAIAH Vs. THE STATE OF ANDHRA PRADESH
Case Number: W.P.(Crl.) No.-000429 / 2022
