RAMBIR SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This petition has been filed on behalf of six accused, who had been convicted by the learned Special Judge (E.C. Act) Aligarh, on 12.06.1991, in Sessions Trial No. 159 of 1990. When the matter was taken up for consideration, it was submitted on behalf of the Appellant No. 4-Bhojraj, S/o Rambir Singh, that he was a juvenile on the date of the commission of the alleged offence on 23rd November, 1989. It is true that the question of juvenility of the Appellant No. 4 had not been taken either before the Trial Court or before the High Court. However, having regard to the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000, and the amendments effected thereto in 2006, by the introduction of Section 7A, and the framing of the Juvenile Justice (Care and Protection of Children) Rules, 2007, having particular regard to Rule 12, it is now settled that such a question of juvenility can be raised at any time before any court and even after conviction.

(2.) This question came up for consideration in the case of Hari Ram v. State of Rajasthan, 2009 6 Scale 695, wherein the aforesaid provisions were explained and interpreted.

(3.) Having regard to the above, the case of the Appellant No. 4 will have to be treated separately from the other Appellants.