According to a report filed in the Supreme Court on Thursday, a death row convict who was given 24 years of imprisonment for killing seven people, including two kids should not be given death penalty as he was 12-year-old at the time of committing the crime.

Earlier this year, the top court after reading the report ordered that “Capital punishment can never be imposed on a juvenile”. In 1994 the convict was arrested and since then at every stage of judgement, he found guilty and deserved punishment.

As per the report of the Principal District and Sessions Judge in Pune it has come out that he was 12 years old at the time of the crime. A vacation bench of justices Indira Banerjee and Sanjiv Khanna said, “Prima facie there is a report of the Principal District and Sessions Judge, Pune to the effect that on August 24, 1994, the age of the petitioner/applicant… was 12 years and six months. In other words, the petitioner was a juvenile on the date of the offense alleged”.

“Capital punishment can never be imposed on a juvenile. However, the issue of whether the petitioner was a child on the date of the alleged offense has to be finally decided,” it said.

“The petitioner shall be released on parole for a period of seven days to enable him to attend the last rites of his deceased father on such conditions as the concerned authorities might deem appropriate. The jail/police authorities shall take necessary steps to safeguard the security of the petitioner and to ensure that the petitioner does not abscond/escape by providing police escorts/guards to keep watch on the petitioner,” the bench added.

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