“In view of the foregoing discussion, we are of the
considered opinion that since Appellant 2 was a
juvenile on the date of commission of the offence and
though
till
date
he
has
already
undergone
considerable jail sentence partly as an undertrial and
partly as a convict, yet the appeal filed by Appellant 2
has to be allowed as was done in the case of Raju
(supra) without going into the merits of the case and
passing any other consequential order in that regard.”
29. It will be pertinent to mention that in this judgment
also there is no discussion with regard to the issue as to
whether the conviction should be set aside. This judgment
also does not lay down any ratio that if with respect to a
juvenile a trial has been conducted by a Sessions Court
without the accused having claimed juvenility before it,
conviction could be set aside as being vitiated in law if
subsequently it is held that the accused was a juvenile.
30. The above judgments relate to an offence covered by
either the Juvenile Justice Act, 198610 or the 2000 Act. We
now proceed to briefly discuss the provisions under the
10
“the 1986 Act”
33
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