STATE Vs. JAGTAR

JUDGEMENT

(1.) A question stands raised before this court that is, if a plea of juvenility of the convict, raised for the first time at the appellate stage in the High Court, is accepted, what happens to his appeal against the conviction? Consequently, another issue follows. Does the Appellate Court have the power to order the removal of the disqualification attaching to the conviction? In other words, what is the fate of the conviction and the order on the sentence which stands imposed upon such a person?

(2.) This plea was raised by one or more of the appellants in the above appeals.

(3.) So far as the issues at hand are concerned, it would be useful to first and foremost set out, in extenso, the provisions of Section 2(k), 2l, 6, 7, 19, 20 of the Juvenile Justice (Care & Protection of Children) Act, 2000 (hereinafter the "JJ Act") as well as Rule 3(IX) and (XIV) of Chapter II of the Juvenile Justice (Care & Protection of Children) Rules of 2007 (hereinafter referred to as the "Rules"). The same read as hereunder :-