this Court itself tests the correctness of the report of the
Registrar
(Judicial).
It
is only
in the
penultimate
paragraph no. 27 while allowing the appeal it granted the
relief of setting aside the conviction, sentence and further
terminated the entire proceedings.
There is no prior
discussion on the issue whether conviction was required
to be set aside or not on this technical ground. Merits of
the conviction was not gone into. No ratio is laid down in
the said case on this issue. Only while granting relief,
conviction has also been set aside.
28. Following the above judgment in the case of Raju
(supra), a two-judge Bench of this Court in the case of
Ashok Kumar Mehra and Another Vs. State of Punjab
and Others9 set aside the judgment of conviction and
sentence awarded to appellant no. 2 therein who had
claimed to be a juvenile. Paragraph No. 14 of the said
judgment which grants the relief is reproduced herein:
9
In 2019 (6) SCC 132
32
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