The Supreme Court in the case Makkella Nagaiah V. State Of Andhra Pradesh observed and has directed the release of a man who had undergone 12 years of imprisonment, after finding that he being a juvenile at the time of commission of the crime and reiterated that the maximum sentence under the Juvenile Justice Act, 2000 is 3 years.
In the present case, the petitioner approached the Apex Court herein the writ plea is moved under Article 32 of the Constitution of India seeking verification of his claim of juvenility.
Therefore, the court in the case seek the report of the Additional Sessions Judge, who confirmed that the petitioner was 16 years and 7 months at the time of the offence.
The bench comprising of Justice B R Gavai, Justice PS Narasimha and Justice Sanjay Kumar in the case observed while taking the report of the sessions judge on record, the court ordered for the release of the petitioner wherein the court noted that the question of juvenility can be raised before any Court and at any stage, as provided under Section 7A(1) of the Juvenile Justice Act 2000.
The Additional Sessions Judge convicted the petitioner under section under Section 302 read with Section 34 of the Indian Penal Code, 1860 and sentenced to life imprisonment in the year 2019.
Further, the sentenced was affirmed by the High Court and the Supreme Court. Therefore, the Petitioner approached the Apex Court seeking verification of juvenility.
