inquiry into the offence committed based upon the
evidence led by the prosecution. If the inquiry has not
been conducted by the JJB, then whether the entire
proceedings need to be quashed or only the sentencing
aspect would require consideration in accordance with the
2015 Act.
19. We may note here at the outset that the appellant for
the present has chosen not to challenge the conviction but
is only claiming juvenility and consequently the benefit of
sentence provided under the 2015 Act, reserving his right
to address on conviction and sentence if he fails on the
preliminary issue of juvenility.
20. There are a series of judgments on the said issue.
Some have set aside the conviction, sentence and have
terminated the proceedings, others have upheld the
conviction but on the basis of sentence already undergone
being more than the maximum permissible under the
Juvenile Justice (Care and Protection of Children) Act,
20
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents