Shri R. David vs State Of Manipur on 25 August, 2025

Manipur High Court

Shri R. David vs State Of Manipur on 25 August, 2025

Author: A. Guneshwar Sharma

Bench: A. Guneshwar Sharma

SHAMURAILATPAM SUSHIL                Digitally signed by SHAMURAILATPAM
                                     SUSHIL SHARMA
SHARMA                               Date: 2025.08.26 16:49:20 +05'30'
                                                                     Sl. Nos. 40-43
                           IN THE HIGH COURT OF MANIPUR
                                     AT IMPHAL

                                 Crl. Rev.P. No. 13 of 2018

                 Shri R. David
                                                      Petitioner
                                          Vs.
                 State of Manipur
                                                  Respondent

                           Clubbed with Crl.A. No. 6 of 2018
                        With Death Sentence Ref. No. 1 of 2018
                         With MC(Crl.Rev.P.) No. 10 of 2024

                                 BEFORE
         HON'BLE THE CHIEF JUSTICE MR. KEMPAIAH SOMASHEKAR
              HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA

                                          ORDER

(K. Somashekar, CJ )

25.08.2025

Learned senior counsel Mr. L. Shashibhushan for the

petitioner in Cril.Rev.P. No. 13 of 2018 is present and whereby the said

counsel in this matter is submitting that there is scope of juvenility in respect

of the convict/accused namely R. David but the said senior counsel in this

matter is submitting that the accused was minor when the offence was

allegedly committed which is reflected in the FIR as well as the impugned

judgment and conviction order of sentence rendered by the trial court and

the trial court proceeded for framing of charges and thereafter, rendering

of judgment of conviction in Special Trial (POCSO) Case No. 1 of 2016 but

the judgment of conviction has been rendered by the trial court on 30th July,

2018.

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Whereas, the trial Judge has referred the matter to this Court

for confirmation of death sentence held against the accused in Death

Sentence Ref. No. 1 of 2018. However, the learned senior counsel Mr. L.

Shashibhushan is appearing for the petitioner in the aforesaid Crl. Rev.P. No. 13

of 2018 and also being the senior counsel for the appellant in Crl.A. No. 6 of

2018 and also being the respondent in Death Sentence Ref. No. 1 of 2018.

However, keeping in view the relevant provision of Juvenile Justice

Act of 2000, it is deemed appropriate that the counsel be directed to clarify the

position and taking into consideration the Crl. Rev.P. No. 13 of 2018 that this

proceeding has been vitiated along with the Crl.A. No. 6 of 2018 whereby

challenging the judgment of conviction order and sentence, ought to be the

judgment and award which was awarded wherein the reference was made by the

trial court for reference as Death Sentence Ref. No. 1 of 2018 before this Court.

Accordingly, made an observation.

Hence, all these matters would be listed on 24.09.2025.

In the meanwhile, it is deemed appropriate that the aforesaid

learned senior counsel in these matters be directed to submit the synoptic

notes in detail referring the scope of the relevant provision of the Juvenile

Justice Act of 2000 inclusive of the judgment of conviction order and sentence

rendered by the trial court for reference of the death sentence by the trial court

before this Court. Accordingly, made an observation.

                      JUDGE                                CHIEF JUSTICE
Sushil




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