2015 Act. Section 9 of the 2015 Act is already reproduced
in the earlier part of this judgment. According to subsection (3) of section 9 of the 2015 Act, the Court which
finds that the person who committed the offence was a
child on the date of commission of such offence would
forward the child to the JJB for passing appropriate orders
and sentence, if any, passed by the Court shall be deemed
to have no effect. This does not specifically or even
impliedly provide that the conviction recorded by any
Court with respect to a person who has subsequently after
the disposal of the case found to be juvenile or a child,
would also lose its effect rather it is only the sentence if
any passed by the Court would be deemed to have no
effect.
31. There is another reason why a trial conducted and
conviction recorded by the Sessions Court would not be
held to be vitiated in law even though subsequently the
person tried has been held to be a child.
34
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