The Calcutta High Court has ordered the release of a Bangladeshi citizen who had spent 21 years in prison for murder after his age at the time of the crime was confirmed as a minor. The court’s decision also included the release of another individual from Birbhum district in West Bengal, convicted in a separate murder case and imprisoned for 14 years, on similar grounds.

Application of the Juvenile Justice Act Highlighted

In a ruling delivered by Justices Rajasekhar Mantha and Rai Chattopadhyay, the court stated that according to the Juvenile Justice (Care and Protection of Children) Act, an individual classified as a minor cannot be incarcerated for more than seven years. This legal standard prompted the court to direct the state to facilitate the repatriation of the Bangladeshi national.

Ossification Test Results Lead to Release

The court’s decision for the release of both convicts followed the results of ossification tests, which indicated their juvenile status at the time of their respective offenses. Counsel representing the Bangladeshi man asserted that he was born on January 1, 1990, making him a minor during the incident.

On February 8, 2005, this individual, along with two others, was involved in the brutal murder of a man in Basirhat, located near the India-Bangladesh border. While one co-accused passed away during the legal proceedings, the Bangladeshi national was convicted and sentenced to prison in 2005.

Legal Proceedings and Appeals

In 2016, he filed an appeal with the High Court. His case was brought before a division bench on April 11, 2022. The bench ruled that the provisions of the Juvenile Justice Act permit a convict to invoke the argument of juvenile status even during the appellate phase. Subsequently, the court called for an ossification test to ascertain the age of the convict.

Findings from the Ossification Test

A report presented by the additional district and sessions judge indicated that based on the recent ossification test, the convict was around 36 years old at the time of testing.

This evidence strongly suggested that he was approximately 16 years old when he committed the crime in 2005. The court’s findings ultimately led to the conclusion that the Bangladeshi national qualified for release under the juvenile provisions outlined in Indian law.

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