The Madras High Court Bench here on Thursday set aside the conviction as well as life sentence imposed on a person in a murder case and ordered his release on the ground that he was only 18 years old on the day of murder and19 years old on the day when he was convicted by a sessions court in Tiruchi in November 2004.
Allowing a habeas corpus petition (HCP) filed by the convict, B. Sekar, now 28, a Division Bench of Justice A. Selvam and Justice V.S. Ravi agreed with his counsel R. Alagumani that the petitioner ought to have been lodged only in a borstal for adolescents and not in a regular prison since he was below 21 years of age on the day of conviction.
The judges also pointed out that as per the provisions of the Tamil Nadu Borstal School Act, 1925, an adolescent offender could be lodged in the borstal for a maximum of five years or until he/she attains 23 years of age. Since the petitioner was now 28 years old, the judges said the only option available to the court was to order his release from prison forthwith.
In his affidavit, the petitioner said Musiri police had also booked his father and brother in the murder case in May, 2003. An Additional District and Sessions Court in Tiruchi convicted all three of them and sentenced them to life imprisonment on November 26, 2004. Their convictions and sentences were confirmed by the High Court on August 2, 2006.
Further, the Supreme Court had dismissed appeals filed by them in 2009. It was only thereafter the petitioner came to know that he was entitled to protection under the Tamil Nadu Borstal School Act as he was only 18 years two months and 23 days of age on the day of murder and 19 years, nine months and 15 days on the day of conviction. Hence, he moved the present HCP.
