The Uttarakhand High Court has preserved a murder conviction but erased the life sentence after determining that the appellant was 17 when the offence occurred.
In Rajiv Kashyap v State of Uttarakhand, the appellant challenged his 2019 conviction under Sections 302 and 201 of the Indian Penal Code. During the appeal, he raised juvenility and said he lacked documentary proof of age.
A court-directed ossification test and an inquiry by the Registrar Judicial placed his age at 17 on 27 October 2013. The bench treated that inquiry as conclusive proof under juvenile-justice law, noting that a juvenility claim may be raised even after proceedings have advanced.
Following Supreme Court precedent, Justices Ravindra Maithani and Siddhartha Sah held that the common evidence supporting conviction did not require acquittal. However, the punishments imposed on an adult basis could not stand against a juvenile. The Court quashed the sentences, cancelled the appellant’s bail bonds and said he need not surrender.