#murderconvict
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seemabhatnagar · 1 year ago
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A juvenile can be detained for a maximum period of three years
The Petitioner a convict of offence of 302IPC (murder) sought verification of his claim of juvenility and consequential orders as per the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000.
The petitioner received the benefit of Juvenile Justice Act after verification of claim of juvenility. Verification of juvenility can be raised at any stage as per the Juvenile Justice Act.
Legal Provision
Section 16 read with Section 15(1)(g) of the Juvenile Justice Act provides that the maximum period for which the petitioner (a juvenile at the time of commission of offence) could be detained is three years.
Here the petitioner was under detention for over 12 years much more than the statutory requirement.
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Makkella Nagaiah v. The State of Andhra Pradesh
Before Supreme Court of India
Writ Petition 429/2022
Background
The petitioner was arrayed as an accused along with other for offence under Section 302 read with Section 34 of the Indian Penal Code, 1860, and sentenced them all to undergo imprisonment for life.
The petitioner appealed against the conviction and the sentence to the High Court of Andhra Pradesh, which by its judgment dated 10.04.2014, dismissed the appeal and upheld his conviction.
The petitioner also filed a Special Leave Petition against the concurrent findings of the Sessions Court and the High Court, and this Court by its order dated 12.07.2022 dismissed the SLP, giving finality to the conviction and the sentence.
Facts
After dismissal of his SLP, Petitioner-Makkella filed WP praying that a Writ of Mandamus be issued to the State to verify his juvenility and to pass necessary consequential orders.
Hon’ble Apex Court issuednotice to the State & State filed an affidavit through the Inspector of Police, PS Sathupally, Khammam District, Telangana.
As per the Affidavit the petitioner had studied at the M.P.P. School, Putrela Main, Village of Vissannapet Mandal, Krishna District, Andhra Pradesh, from First to Third Standard from 1994 to 1997 and his date of birth is 02.05.1989.
Observation of the Court
If the date of birth of the petitioner is 02.05.1989, it means he was 16 years 7 months old on the date of the crime, i.e., 21.12.2005.
Wherefore, the petitioner is a juvenile in conflict with the law on the date of commission of the offence.
Since the juvenility was based on the petitioner’s school documents, the Court considered it appropriate to direct the Additional Sessions Judge (Fast Track Court), Khammam, Andhra Pradesh, to conduct an enquiry with regard to the plea of juvenility raised by the petitioner.
The report of the Additional Sessions Judge confirmed that the petitioner was juvenile at the time of commission of the offence,
Order
In view of the Statutory provision and documentary evidence in support of the juvenility Apex Court allowed the Writ Petition and directed the release of the petitioner.
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applerealty · 4 months ago
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investication · 8 months ago
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Father Convicted Of Daughter's Murder | Mother Believes She's Still Alive
In this video reports the conviction of John Smith for the murder of his daughter, Emily, who went missing six months ago. Despite his denial, evidence led to his guilty verdict. Emily's mother, Sarah, clings to hope for her daughter's return. The community is divided between seeking justice and holding onto hope. Emily's story serves as a reminder to cherish loved ones. See More
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#Investigative #MurderConviction #ParentalTragedy #FamilyDrama #LegalCase #JusticeSystem #GrievingMother #BeliefInMiracles #ParentalLove #InnocenceAssertion #HeartbreakingLoss #truecrime #murder #crime #father #daughter #missingperson #justice #tragedy #law #investigation #family #murdercase #criminaljustice #parenting
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christiana007009 · 8 months ago
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Reactions of Killers Getting Life In Prison
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In the realm of criminal justice, few verdicts carry as weighty a consequence as a life sentence. It's the end of the line, a definitive marker that a person will spend the rest of their days behind bars. For killers, the realization of this fate can elicit a range of reactions, from stoic acceptance to desperate defiance. See More....
#CourtCrime #LifeInPrison #KillerReactions #JusticeServed #behindbars #lifesentence #killers #prisonlife #truecrime #reactions #documentary #crimeandpunishment #justice #criminallaw #convicted #prisondiaries #lifebehindbars #murderers #courtroom #truecrimecommunity #murderconviction #crimescene #criminalminds #captiveaudience
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jimfostercoc · 3 years ago
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Prejean: The Death of Innocents: An Eyewitness Account of Wrongful Executions
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loveomhh · 4 years ago
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Reflection And still, we rise! Let me preface this by saying ”YOU forcibly took us from our land and that wasn't enough. You beat us, raped us, separated our families and that wasn't enough. You tried to demonize our culture and erase our heritage and that wasn't enough. You devastated our communities with drugs and poverty. You tell me if any of this is ok. _______ Current Situation The police department is hired to serve and protect? We ask, serve whom and protect whom? We are not on the receiving end of serve or protect. We are arrested at a higher rate, we receive longer jail terms, and we are never allowed to make a mistake. What we are served is stop and frisk, chokeholds, beating, unwarranted detainment, and violation of civil rights. ______ Wrong is Wrong And here's the thing that makes you sick- the police know what to do because they do their jobs well usually without incident when a crime, disturbance, murder, riot or any other criminal act is done by a white person. How much of this are we to continue to take. ______ Now- VOTE, Tuesday, November 3, 2020 No more racist behavior. Stand up. Speak your truth. Tell your story. Demand resolve. We are human. We matter. Being black in this world should not mean a death sentence. Vote- hold our local politicians all the way up to the White House accountable for their decisions. Vote them in or out of office. Your vote matters and counts as an action for change. Change takes time and the time is NOW. ______ #amplifymelanatedvoices #blacktuesday #enough #stop #policebrutality #murderconviction #justiceforgeorgefloyd #equality #civilrights #economicjustice @whenweallvote @nycvotes @_omhhinc (at Bed-Stuy BKLYN) https://www.instagram.com/p/CA84vqpjPNS/?igshid=1hvy7wqk313wa
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24x7politics · 8 years ago
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loveomhh · 4 years ago
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Silence is deafening Stand tall Be heard Speak your truth We are our brother's keeper STAY Strong We Matter Black Lives Matter #amplifymelanatedvoices #blacktuesday #enough #stop #policebrutality #murderconviction #countlessothers #justiceforgeorgefloyd #equality #civilrights #economicjustice @whenweallvote @nycvotes @brownstonersbedstuyhousetour (at Bedford-Stuyvesant) https://www.instagram.com/p/CA89QQSpPtq/?igshid=5vnrlhe9c7u7
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loveomhh · 4 years ago
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Let me preface this by saying ”YOU forcibly took us from our land and that wasn't enough. You beat us, raped us, separated our families and that wasn't enough. You tried to demonize our culture and erase our heritage and that wasn't enough. You devastated our communities with drugs and poverty. You tell me if any of this is ok. _______ The police department is hired to serve and protect? We ask, serve whom and protect whom? We are not on the receiving end of serve or protect. We are arrested at a higher rate, we receive longer jail terms, and we are never allowed to make a mistake. What we are served is stop and frisk, chokeholds, beating, unwarranted detainment, and violation of civil rights. ______ And here's the thing that makes you sick- the police know what to do because they do their jobs well usually without incident when a crime, disturbance, murder, riot or any other criminal act is done by a white person. How much of this are we to continue to take. ______ No more. Stand up. Speak your truth. Tell your story. Demand resolve. We are human. We matter. Being black in this world should not mean a death sentence. ______ #amplifymelanatedvoices #blacktuesday #enough #stop #policebrutality #murderconviction #georgefloyd #justiceforgeorgefloyd #equality #civilrights #economicjustice @whenweallvote @nycvotes @_omhhinc (at Bed-Stuy BKLYN) https://www.instagram.com/p/CA84vqpjPNS/?igshid=1tn94bu3mvgkp
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loveomhh · 4 years ago
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WE TRIED OUR BEST TO BE GOOD CITIZENS IN SPITE OF THE CONSISTENT SLAPS IN THE FACE WITH RACISM, POLICE BRUTALITY, DISGUSTING IMMIGRATION PRACTICES, UNFAIR WAGES, HEALTH CARE DISPARITIES, BELOW STANDARD EDUCATION AND COUNTLESS OTHER HARMFUL RACIST ACTIONS. NOW, this state of anger, frustration, tired of being tired, and repeated episodes of the same racist destruction against black and brown people has resulted in THIS- giving back (warranted behavior) what you received. Hate begets hate, violence begets violence, destruction begets destruction so before you SAY STOP. understand what you are witnessing from the rioters peaceful and unpeaceful is mirrored behavior. When the law of nature comes around )and it will), it catches people off guard every time. It is always met with surprise and feelings of why is this happening to me? When in fact, the aggressor is the receiver of the same aggressive/destructive behavior he/she demonstrated. So NOW, you got what you gave and we are where we are- now what. Here’s a novel idea- BE THE CHANGE YOU WANT TO SEE HAPPEN. If not, we will continue to stand up for ourselves. We will continue to value ourselves and not allow others to devalue our existence. So until you understand that Black people are human beings that deserve to experience our God-given rights as human beings living well in our streets, neighborhoods, States, countries, world, and the universe, the fight will continue and the revolution will be televised. #enough #stop #policebrutality #whatdowewant #murderconviction #4policeofficers #georgefloyd #countlessothers #blacklivesmatter #justiceforgeorgefloyd #equality #civilrights #economicjustice @whenweallvote @nycvotes @_omhhredroom https://www.instagram.com/p/CA72RRdByYe/?igshid=1vlk17sccqocd
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