on the date of commencement of this Act, shall be
continued in that Board or court as if this Act had not
been enacted.”
33. Having considered the statutory provisions laid down
in section 9 of the 2015 Act and also section 7A of the
2000 Act which is identical to section 9 of the 2015 Act,
we are of the view that merits of the conviction could be
tested and the conviction which was recorded cannot be
held to be vitiated in law merely because the inquiry was
not conducted by JJB. It is only the question of sentence
for which the provisions of the 2015 Act would be attracted
and any sentence in excess of what is permissible under
the 2015 Act will have to be accordingly amended as per
the provisions of the 2015 Act. Otherwise, the accused
who has committed a heinous offence and who did not
claim juvenility before the Trial Court would be allowed to
go scot-free. This is also not the object and intention
provided in the 2015 Act. The object under the 2015 Act
dealing with the rights and liberties of the juvenile is only
36
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