the incident.
The operative part of the report is
reproduced below:
“It is found conclusively proved that date of birth of
the applicant/accused Karan is 25.07.2002. It is also
proved taking into account 25.07.2002 as his date of
birth, the applicant was 15 years 04 months 20 days
of age as on 15.12.2017, and being below 16 years of
age, he was Child as per section 2(12) of J.J. Act, 2015.
Accordingly, the inquiry proceedings are concluded.”
6. At the outset learned senior counsel for the appellant
has clarified that for the present he is only pressing the
plea of juvenility and if he fails on that count would
address on the issue of conviction and sentence. Further
based on the said report, learned senior counsel for the
appellant submitted firstly that the sentence awarded
cannot be given effect to under Section 9(2) of the 2015
Act. Secondly, it is submitted that from the date of the
arrest in December, 2017, the appellant has already
undergone incarceration of more than 5 years whereas
under section 18 of the 2015 Act, a juvenile below 16
5
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents