NANDI Vs. STATE OF U P

JUDGEMENT

(1.) This is an application moved by the appellant-applicant to take an additional evidence on record and consider the applicant's plea of juvenility raised before this Court at the stage of pending appeal.

(2.) Mr. Noor Mohammad, learned counsel for the appellant-applicant, has contended that the incident took place on 10th of January, 2004 and at the time of incident, the applicant was juvenile being aged about 14 years and 6 months as per the High School marksheet. He raised the plea of juvenility in view of provisions of Section 2(k) of the Juvenile Justice (Care and Protection of Children) Act, 2000 (in short 'Act, 2000'). Section 2 (k) defines the term "juvenile" and speaks that "juvenile" or "child" means "a person who has not completed eighteenth year of age".

(3.) He contended that Section 7(A) of the Act, 2000 deals with the procedure to be followed when claim of juvenility is raised before any court. Section 7(A) of the Act, 2000 reads as under: