The Single Bench concluded that the appellant was a juvenile on the date of the incident based on the Juvenile Justice Board report. As he had already completed more than three years of sentence, the appeal was disposed of with a direction for his immediate release.
Direction that the appellant be released from jail forthwith.
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Court No. - 47
Case :- CRIMINAL APPEAL No. - 4706 of 2014
Appellant :- Maiko Respondent :- State Of U.P. Counsel for Appellant :- Ravi Shanker Tiwari,Raghuvansh Misra,Rahul Misra
Counsel for Respondent :- Govt.Advocate
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Umesh Kumar,J.
By the order dated 2.11.2018, District Judge was directed to conduct an inquiry in respect of juvenility of Maiko @ Maiko Lal (sole appellant). In pursuance of the order dated 2.11.2018, the matter was referred to Juvenile Justice Board, Shahjahanpur, which has conducted an inquiry and submitted its report dated 22.12.2018, holding that date of birth of Maiko @ Maiko Lal was 10.6.1991, while date of incident is 18.2.2007, as such, on the date of incident, Maiko @ Maiko Lal (the appellant) was below 18 years of age and was juvenile.
Although A.G.A. was granted time by order dated 16.5.2019, to file counter affidavit against the report of Juvenile Justice Board dated 22.12.2018, no counter affidavit has been filed.
In view of the aforesaid circumstances, we have no option, but to accept the report of Juvenile Justice Board dated 22.12.2018. Accordingly, we declare Maiko @ Maiko Lal (the sole appellant) as juvenile on the date of incident.
Since Maiko @ Maiko Lal has already completed more than 3 years sentence, which is maximum period of sentence for a juvenile, u/s 18(1)(g) of Juvenile Justice (Care and Protection of Children) Act 2015, as such, this appeal is disposed of with direction that Maiko @ Maiko Lal be released from jail forthwith.
Order Date :- 9.9.2019 Jaideep/-
2 issues framed by the court
Whether the appellant was a juvenile on the date of the incident?
Whether the appellant is entitled to release after completing the maximum juvenile sentence?
1 provisions across 1 enactments
Maiko
State Of U.P.
Ram Surat Ram (Maurya)
Umesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
