Supreme Court sets aside 21-year-old conviction over juvenility claim

The case concerns Mahavir alias Avnish, who was convicted of causing disappearance of evidence in a dowry death case, and his claim that he was a juvenile at the time of the offense, which the High Court rejected on jurisdictional grounds after the conviction had become final.

Who it concerns: Appellant: Mahavir alias Avnish; Respondent: The State of Madhya Pradesh; Bench: Justice Chandrashekar.

What the court decided

• The Court granted leave to appeal.
• The Court issued notice to the respondent, returnable within six weeks.
• The Court directed the respondent to file a counter-affidavit within four weeks.
• The Court ordered the appellant's release on bail on terms and conditions imposed by the trial court.

Also in the document

• The Juvenile Justice Board had previously recorded a finding that the appellant was approximately 17 years old on the date of the offense (13th September 2004).
• The High Court had previously dismissed the appellant's petition under Section 482 CrPC, holding it lacked jurisdiction to reopen a final conviction after the Special Leave Petition was withdrawn.
• The Court expressed its inclination to entertain the petition based on prior judgments regarding juvenility claims.