Allahabad HC finds two convicts were minors, remits matter to JJ: A practical reader guide

Allahabad HC finds two convicts were minors, remits matter to JJ: A practical reader guide

The Lucknow bench of the Allahabad high court has set aside the sentences of two men convicted in a murder case 46 years ago after finding that both were minors at the time of the crime.

However, the court upheld their conviction and referred the matter to the Juvenile Justice Board to determine appropriate punishment. The board has been asked to pass an appropriate order within six weeks of receiving the certified copy. Four people—Shamshad, Abdul Rafiq, Dilsher and Hamidullah—were killed in the incident, while several others sustained injuries. During the pendency of their appeal in the high court, appellants Siraj Ahmad and Abdul Wahid claimed that they were minors when the incident occurred. Following the high court’s directions, the Juvenile Justice Board conducted an inquiry to ascertain their age. the bench observed that the testimonies of injured eyewitnesses and other witnesses were consistent with the medical evidence While upholding their conviction. The court observed that the two convicts could not be let off without any consequence, but the appropriate order had to be passed in accordance with the provisions of the juvenile justice law.

The sessions court convicted all eight accused and gave them life term on December 14, 1981. Based on the board’s report and educational records, the court found that Ahmad was 17 years and 10 months old, while Wahid was 17 years and 11 months old at the time of the crime. The bench directed both men to appear before the Juvenile Justice Board on October 28 along with a certified copy of the judgment.

Eight men attacked several people with sharp-edged weapons and spears, according to the prosecution.