Plea of Juvenility Can Be Raised at Any Stage, Even After Conviction: Supreme Court Sets Aside Sentence in Rape Case

“Juvenility claim is required to be determined... even if the juvenile has ceased to be so on the date of commencement of the 2000 Act.” – Supreme Court Upholds Conviction for Rape but Quashes Sentence on Proof of Juvenility, Refers Case to Juvenile Justice Board.

On 23 July 2025, the Supreme Court of India upheld the conviction of the appellant for rape and wrongful confinement under Sections 376 and 342 of the Indian Penal Code, 1860, but set aside the sentence after finding that the appellant was a juvenile on the date of the offence.

A Division Bench comprising Justice B.R. Gavai and Justice Augustine George Masih accepted the plea of juvenility raised for the first time before the apex court and directed that the matter be placed before the Juvenile Justice Board, Kishangarh, for fresh consideration under Sections 15 and 16 of the Juvenile Justice (Care and Protection of Children) Act, 2000.

“The plea of juvenility can be raised before any court and has to be recognised at any stage, even after disposal of the case.” – [Para 15]

FIR Delay, Hostile Witness Do Not Vitiate Conviction When Victim's Testimony is Reliable: Court Reiterates Settled Law

The incident occurred on 17 November 1988, when the victim, a minor girl aged 11, was allegedly raped by the appellant inside an enclosure (bada). The FIR was registered 20 hours later, which the appellant’s counsel cited as suspicious delay. It was also pointed out that the victim’s brother turned hostile, and the medical report did not show any external injury.

However, the Court found the delay in lodging the FIR satisfactorily explained, considering the age of the child, and the 26 km distance to the police station. The prosecutrix’s consistent testimony, corroborated by medical evidence and the seizure of her soiled clothing, was held sufficient to uphold the conviction.

“The statement of the prosecutrix, if worthy of credence, requires no corroboration and can form the sole basis for conviction.” – [Para 10]

“Even the hostile witness was not an eyewitness. The version of the prosecutrix stands fully corroborated by medical findings and the seizure of clothing.” – [Para 9]

“Date of Birth Was 14.09.1972, Age on Date of Offence Was 16 Years 2 Months”: Supreme Court Accepts School Record, Applies JJ Act

Significantly, the plea of juvenility was raised for the first time before the Supreme Court, with the appellant submitting that he was 16 years, 2 months, and 3 days old on the date of the offence.

The Court relied on school records showing the date of birth as 14.09.1972, and ordered an inquiry by the District and Sessions Judge, Kishangarh, in accordance with the law laid down in Abuzar Hossain v. State of West Bengal, (2012) 10 SCC 489.

The inquiry confirmed the appellant's age as under 18 years at the time of offence. The Court accepted the report and invoked the 2000 Act and 2007 Rules, noting:

“The relevant factor is whether the accused had completed 18 years of age on the date of commission of the offence, not whether he is a juvenile on the date of proceedings.” – [Para 15]

“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.” – [Para 16]

Sentence Set Aside, Matter Referred to Juvenile Board

Accordingly, the Supreme Court set aside the sentence imposed on the appellant under Section 376 IPC, and referred the matter to the Juvenile Justice Board, Kishangarh to pass appropriate orders under Sections 15 and 16 of the 2000 Act. The appellant was directed to appear before the Board on 15 September 2025.

Date of Decision: 23 July 2025