No further extension of imprisonment necessary after serving 8 years in prison: SC
Title: PRAMILA V STATE OF MP CHHATTISGARH
Citation: CRIMINAL APPEAL NO. 64 OF 2012
Dated on: 23.1.2024
Corum: HON’BLE JUSTICE ABHAY S. OKA, J.
Facts of the case
In the present case an appeal is filed by Ms. Pramila against the orders of the Chhattisgarh HC which convicted the appellant for life imprisonment. The appellant was charged with the offence of murder and causing destruction of evidence while she was juvenile. Through the findings of the sessions court, it was established that the appellant was 17 years, 9 months and 14 days old when she committed the crime in 1988 at the time when the juvenile justice care and protection of the children act was not in force.
Issues
whether the appellant was a juvenile at the time of the offence and whether she should be dealt with under the Juvenile Justice Act, 1986?
Legal provision
The appellant in this case was charged with section 302, read with section 201 and 34 of the IPC. 302- charges of murder, 201- deliberately causing disappearance of the evidence and 34- joint liability in commission of a crime. Along with the provisions from IPC questions were also raised whether the appellant should be convicted under sec 22 and similar provision under sec 16 of the JJ act 1986 which prohibits the sentencing of juveniles to impressment and only allows a maximum sentencing to confinement to a special home.
Court analysis and judgement
The supreme court in the present case after reviewing various precedents and provisions of IPC and juvenile justice act 1986 as well as Juvenile case and protection act 2000 observed that the appellant has already undergone incarceration for a period of 8 years there will be no more purpose served by sending appellant before the Juvenile Justice board and came to the conclusion to set aside the orders of HC and allow the appeal of the Ms Pramila.
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Written by- Namitha Ramesh