Juvenility Must Be Assessed with a Liberal Approach: Supreme Court

In a significant ruling that reinforces the principles of juvenile justice, the Supreme Court of India has upheld the juvenility of Pawan Kumar, the appellant in a high-profile criminal case. Kumar, convicted of offenses under Sections 302, 307 read with Section 34 of the Indian Penal Code, was deemed a juvenile at the time of the commission of the crime, leading to the quashing of his sentences.

The apex court, in its judgment dated November 21, 2023, meticulously evaluated the evidence concerning Kumar’s age at the time of the crime on December 1, 1995. The bench, comprising Justices Sanjay Kishan Kaul and Sudhanshu Dhulia, emphasized the importance of adopting a liberal approach in cases of age determination, stating, “In a case of juvenility where two views are possible, this Court has held that a liberal approach should be undertaken.” The court’s analysis centered on the applicability of the Juvenile Justice Act, 1986, and subsequent amendments. In scrutinizing the appellant’s age, the court placed significant reliance on school certificates that consistently recorded his date of birth as July 5, 1980.

This meant that Kumar was 15 years, 4 months, and 26 days old at the time of the incident, thereby qualifying him as a juvenile. Justice Dhulia noted, “We are of the considered view that in the present case, even assuming for the sake of argument that there were some conflicting aspects as to the age of the appellant but since the margin of age was so thin, the aforesaid benefit ought to have been given to the appellant.”

This statement underlines the court’s decision to err on the side of caution in determining the appellant’s age. The ruling also highlighted the precedence of school certificates in age determination over other documents like the family register or medical reports, including bone ossification tests. The judgment is pivotal in setting a benchmark for similar cases in the future, ensuring that the principles of juvenile justice are upheld with due consideration and empathy.

Pawan Kumar, who has already served over four and a half years in imprisonment, has been ordered to be released forthwith, underlining the maximum detention period stipulated for a juvenile offender. This decision is a reminder of the judiciary’s role in safeguarding the rights of juveniles and ensuring that justice is served in a manner befitting their age and understanding.

 Date of Decision: 21st November 2023

PAWAN KUMAR VERSUS STATE OF UTTAR PRADESH & ORS.