education, skill development, counselling and psychiatric
support.
17. In the present case, the appellant is held to be less
than 16 years, and therefore, the maximum punishment
that could be awarded is upto 3 years. The appellant has
already undergone more than 5 years. His incarceration
beyond 3 years would be illegal, and therefore, he would
be liable to be released forthwith on this count also.
18. Having considered the facts of the case and the
findings recorded above, it would also be appropriate to
briefly deal with the case law on the point as to whether
once an accused after conviction at the stage of appeal is
held to be a juvenile/child under the provisions of the
2015 Act, what would be the status of the trial, the
conviction and sentence recorded by the Trial Court and
the appellate Courts. Whether the trial itself would stand
vitiated for lack of jurisdiction by the regular Sessions
Court and it would be the JJB alone which could make an
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