In a landmark decision, the Supreme Court has ordered the immediate release of an individual who had spent 12 long years behind bars, after determining that he was a minor at the time of committing the crime. The Court reiterated that the maximum sentence permissible under the Juvenile Justice Act, 2000 is a mere 3 years.

The petitioner had sought justice by filing a writ petition under Article 32 of the Constitution, urging the Court to verify his claim of being a juvenile at the time of the offense. The Supreme Court, in response, called for a report from the Additional Sessions Judge, which confirmed that the petitioner was just 16 years and 7 months old when the crime occurred.

A bench comprising Justice B R Gavai, Justice PS Narasimha, and Justice Sanjay Kumar, upon receiving the report from the sessions judge, ordered the petitioner's immediate release. The Court emphasized that the issue of juvenility can be raised before any court at any stage, as provided under Section 7A(1) of the Juvenile Justice Act 2000.

Back in 2009, the petitioner had been convicted by the Additional Sessions Judge under Section 302, in conjunction with Section 34 of the Indian Penal Code, 1860, resulting in a life sentence. This conviction had been upheld by both the High Court and the Supreme Court. However, the petitioner persisted in his pursuit of justice, ultimately approaching the Apex Court to establish his juvenility.

The Supreme Court, taking into account Section 16 in conjunction with Section 15(1)(g) of the Juvenile Justice Act, 2000, emphasized that the petitioner's custodial sentence should not have exceeded three years. Unfortunately, the plea regarding juvenility was only raised during the recent writ petition, despite the fact that the criminal proceedings had commenced in 2005. This delay resulted in the petitioner enduring over 12 years of imprisonment.

Consequently, with the confirmation of the II Additional Sessions Judge's report from Khammam, the Supreme Court ruled that continued incarceration of the petitioner was unjust and ordered his immediate release.

This case title: Makkella Nagaiah v. State of Andhra Pradesh

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