During the hearing in the court, the plea of being a minor can be given even after 22 years, historic decision of Allahabad HC

Lucknow: If a case opens against an accused even after two decades of the incident. If the accused was a minor at the time of the incident, then the case will be tried in the Juvenile Court. The present age and the age at the time of allegation in the incident will be looked into separately. From the present age, there will be no hearing on the accused regarding the incident. The Allahabad High Court of Uttar Pradesh has given this major judgment regarding the process of trial of the accused on the basis of the age of the accused at the time of the incident instead of his present age. The Lucknow bench of the Allahabad High Court has said in a historic decision that during the hearing, the plea of being a minor can be given even after 22 years. The court has allowed the girl, a minor accused in 2000 at the time of dowry death, to file a petition before the concerned court to transfer the case to the Juvenile Justice Board (JJB).

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Justice Prakash Singh’s bench, while delivering the verdict, said that the intent of the legislature is clear in the provisions of Section 7(a) of the Juvenile Justice (Care and Protection of Children) Act. It allows for pretrial, trial and appeal on the ground that the accused was a minor at the time of the incident. With this observation, the bench set aside the order of a lower court and asked the petitioner to file his plea of juvenility in the said court, which would decide the same within the next 45 days.

The bench recently passed this order while giving its verdict on the petitioner’s sister-in-law. It was alleged that she was framed in the case during the year 2000, when she was only 13 years old. The Chief Judicial Magistrate (CJM) of Sitapur has issued a non-bailable warrant against him in the case. When he sought transfer of the case to JJB, the CJM dismissed the plea saying that the petition has come after 22 years.

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