inkinccorporation@gmail.com Supreme Court – Daily Orders
Akhilesh vs State Of U. P on 25 February, 2026
Author: Aravind Kumar
Bench: Aravind Kumar
IN THE SUPREME COURT OF INDIA
CRIMINAL APPEAL JURISDICTION
CRIMINAL APPEAL NO(S).2460/2023
AKHILESH …APPELLANT(S)
VERSUS
STATE OF U.P. …RESPONDENT(S)
WITH
CRIMINAL APPEAL NO(S).2974/2023
ORDER
CRIMINAL APPEAL NO(S).2460/2023
1. The present appeal lays a challenge to the judgment and
final order dated 24.02.2022 passed by the Allahabad High
Court in Criminal Appeal No.6988/2022 whereunder the High
Signature Not Verified
Digitally signed by
NEHA GUPTA
Date: 2026.02.27
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16:30:07 IST
Reason:
Court dismissed the appeal filed by the appellant – accused and
confirmed the judgment of conviction passed by the trial court
on 27.10.2009 in Sessions Trial No.148/2007 whereby appellant
was sentenced to life imprisonment and three years rigorous
imprisonment which has been ordered to run concurrently for
the offences punishable under Sections 302, 504 and 34 of the
Indian Penal Code, 1860 read with Section 25 of the Arms Act,
1959.
2. A brief note of the facts which has led to the filing of this
appeal is to the effect that on 18.11.2006, the informant – Satya
Prakash and his son – Harveer (deceased) were proceeding to
the tubewell to irrigate the agricultural fields and when they
reached the tubewell to start the motor, at that point of time
accused alongwith Pradeep (accused – appellant in Criminal
Appeal No.2974/2023 – who has been since released by the
State as per the Remission Policy) came near the spot and
informed the informant and his son not to use the tubewell. This
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exchange of words led to a dispute and the present appellant is
said to have gone back to the village, and thereafter returned
with a country-made pistol and chased Harveer (deceased) and
shot at him resulting in his death. The prosecution in order to
establish the guilt of the accused examined PW-1 to PW-10 and
after recording the statement of accused under Section 313 of
the Criminal Procedure Code, 1973 who denied the
incriminating circumstances pitted against him and having not
entered any defence, finally resulted in his conviction and he
was sentenced as noticed hereinabove.
3. Being aggrieved by the same, appeal came to be filed
before the jurisdictional High Court which came to be
dismissed by confirming the judgment of conviction and the
sentence imposed by the trial court.
4. The present appeal having been filed challenging the
aforesaid judgment of the High Court came to be examined by
this Court and leave was granted by this Court on 07.08.2023
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and subsequently, having regard to the continued incarceration
for more than fourteen years, this Court had released the
accused on bail by suspending his sentence vide order dated
13.03.2023.
5. On account of a plea with regard to the appellant being a
juvenile at the relevant point of time, namely, at the time the
crime occurred having been raised in this appeal and in the light
of plethora of judgments of this Court to the effect that such
plea can be raised at any point of time, resulted in report being
called for from the JJ Board and accordingly, the report has
been received by the Registry from the JJ Board which is placed
on record alongwith the covering letter dated 03.12.2022 of the
Juvenile Justice Board, Etah, Uttar Pradesh. During course of
enquiry conducted by JJ Board, evidence has been recorded.
Documents have been called for, analyzed and after evaluating
the same, the Board has come to a conclusion with regard to the
age of the accused (appellant herein) and has also held that
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there is no variance or over-writing on the documents and
according to the same, the date of birth of the appellant is
05.10.1993. The incident in question as noticed herinabove
occurred on 18.11.2006 at which point of time, he was aged 13
years 1 month 13 days and even as per the report of the JJ
Board, the appellant was a juvenile delinquent in conflict with
law.
6. In the light of the aforestated opinion of the Board when
the judgment of the trial court as affirmed by the High Court is
perused, we are not persuaded to accept the contention raised by
the learned counsel appearing for the appellant that appellant
should be acquitted of the said offences or in other words, his
conviction and sentence to be set aside. The eye-witnesses who
have supported the prosecution case would prove the guilt of
the accused beyond reasonable doubt. The contradictions which
are sought to be pointed out by the learned counsel appearing
for the appellant being minor cannot be accepted as the veracity
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or the statement of the eye-witness of Pw-3 and PW-4 cannot be
doubted. Both the witnesses seem to be truthful and have given
a true account of the incident that occurred on 18.11.2006.
7. However, turning our attention to the core issue, namely,
that the appellant being a minor or a juvenile being in conflict
with law on the date of offence and appellant having already
undergone fourteen years of sentence, we are of the considered
view that the appellant deserves to be set free, if not required in
any other case. Accordingly, sustaining the conviction and the
sentence, we order for release of the appellant as he was a
minor or a juvenile in conflict with law and his bail-bonds
which has since been furnished on account of suspension of
sentence and release on bail stands discharged.
8. Accordingly, Criminal Appeal stands disposed of.
Pending application(s), if any, shall stand disposed of.
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CRIMINAL APPEAL NO(S).2974/2023
1. Learned counsels appearing for the parties have placed on
record the order dated 21.11.2025 whereunder the appellant has
been released prematurely by the appropriate Government in
exercise of the power vested under the extant policy for
remission of the sentence and premature release. The same is
placed on record.
2. Accordingly, the Criminal Appeal stands disposed of as
having become infructuous.
………………………………………J.
(ARAVIND KUMAR)
………………………………………J.
(PRASANNA B. VARALE)
NEW DELHI;
FEBRUARY 25, 2026.
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ITEM NO.102 COURT NO.16 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Criminal Appeal No(s).2460/2023
AKHILESH Appellant(s)
VERSUS
STATE OF U. P. Respondent(s)
JUVENILITY REPORT HAS BEEN RECEIVED
IA No. 117148/2022 – EXEMPTION FROM FILING O.T.
IA No. 117147/2022 – PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
WITH
Crl.A. No. 2974/2023 (II)
IA No. 185485/2025 – EARLY HEARING APPLICATION
IA No. 189457/2023 – EXEMPTION FROM FILING C/C OF
THE IMPUGNED JUDGMENT
IA No. 189456/2023 – EXEMPTION FROM FILING O.T.
IA No. 189453/2023 – PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
Date : 25-02-2026 These matters were called on for
hearing today.
CORAM : HON’BLE MR. JUSTICE ARAVIND KUMAR
HON’BLE MR. JUSTICE PRASANNA B. VARALE
For Appellant(s) : Ms. Lubna Naaz, AOR
For Respondent(s) : Mr. Goutham Shivshankar, Adv.
Ms. Ruchira Goel, AOR
MS. Pooja Singh, Adv.
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UPON hearing the counsel the Court made the
following
O R D E R
Criminal Appeals stand disposed of in terms
of the signed order placed on the file
Pending application(s), if any, shall stand
disposed of.
(NEHA GUPTA) (AVGV RAMU)
COURT MASTER (SH) COURT MASTER (NSH)
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