under the 2000 Act ought to be extended. Paragraph 82 of
the report is reproduced hereunder: “82. A careful reading of the above would show that
although a claim of juvenility can be raised by a person
at any stage and before any court, upon such court
finding the person to be a juvenile on the date of the
commission of the offence, it has to forward the
juvenile to the Board for passing appropriate orders
and the sentence, if any, passed shall be deemed to
have (sic no) effect. There is no provision suggesting,
leave alone making it obligatory for the court before
whom the claim for juvenility is made, to set aside the
conviction of the juvenile on the ground that on the
date of commission of the offence he was a juvenile,
and hence not triable by an ordinary criminal court.
Applying the maxim expressio unius est exclusion
alterius, it would be reasonable to hold that the law
insofar as it requires a reference to be made to the
Board excludes by necessary implication any intention
on the part of the legislature requiring the courts to
set aside the conviction recorded by the lower court.
Parliament, it appears, was content with setting aside
the sentence of imprisonment awarded to the juvenile
and making of a reference to the Board without
specifically or by implication requiring the court
concerned to alter or set aside the conviction. That
perhaps is the reason why this Court has in several
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