Vinod Katara vs. State of Uttar Pradesh [March 5, 2024]
Background
Vinod Katara, along with three co-accused, was convicted for murder under Section 302 read with Section 34 of the Indian Penal Code for an offence committed on September 10, 1982. The trial court sentenced them to life imprisonment on January 6, 1986. Katara appealed to the Allahabad High Court, which suspended his sentence and released him on bail during the appeal. The High Court dismissed the appeal on March 4, 2016, affirming the conviction and sentence, after which Katara was taken back into custody.
Writ Petition and Claim of Juvenility
Katara filed a writ petition before the Supreme Court under Article 32 of the Constitution, claiming that he was a juvenile (around 15 years old) at the time of the offence. He sought verification of his age, arguing that he should have been tried as a juvenile, which would entitle him to different legal treatment and possibly release, given the time already served.
Court-Ordered Inquiry
The Supreme Court directed an inquiry into Katara’s age at the time of the offence. The Sessions Court, Agra, was instructed to conduct a medical examination (including an ossification test or any modern method of age determination) and review documentary evidence such as school records and family registers.
Findings of the Inquiry
The Additional District and Sessions Judge, Agra, submitted a report on October 21, 2022, concluding that Katara’s date of birth was July 2, 1960, making him an adult at the time of the offence. The medical board opined that, as of the current date, Katara’s age was between 55 and 60 years, but also noted that age estimation via X-ray becomes unreliable after 25 years of age. The inquiry also found that the family register produced by Katara was forged and unreliable. The school records, which indicated his birth year as 1960, were deemed more credible.
Arguments and Court’s Analysis
Katara’s counsel challenged the findings, arguing that the school records were unreliable and that the medical report from December 2021 should be given precedence. The counsel also pointed out anomalies in the documentary evidence regarding family members’ dates of birth. However, the Court found these arguments unconvincing, noting that the contemporaneous documents and the inquiry’s findings were consistent and credible. The Court also observed that the family register was not supported by original records and appeared to be manipulated.
Judgment
The Supreme Court dismissed Katara’s plea, upholding the inquiry report and the findings that he was not a juvenile at the time of the offence. The Court relied on the school records and the inquiry officer’s report, which were corroborated by the medical board’s opinion, despite its limitations. The Court concluded that Katara was rightly tried and convicted as an adult, and no relief could be granted on the ground of juvenility.
Key Points:
Katara’s claim of juvenility was thoroughly investigated.
The inquiry found credible evidence (school records) indicating he was an adult at the time of the offence.
The family register submitted by Katara was found to be forged.
The Supreme Court dismissed his writ petition and upheld the conviction as an adult.
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