(1.) The learned counsel for the applicant submits that the applicant is a juvenile. In support of the said contention, he relied on the photocopy of the mark sheet of Primary Board Examination, 2007. He also relied on the progress report filed along with a list of documents. By relying on (Gopinath Ghosh vs. The State of West Bengal, 1984 AIR(SC) 237) and a recent judgment of Supreme Court (Abuzar Hossain vs. State of West Bengal, 2013 1 SCC(Cri) 83), Shri Gautam submits that if at any stage it is brought to the notice of the Court that the accused is juvenile, the Court can entertain the appropriate application and pass orders on it. He submits that any Court at any stage can consider the material which prima facie satisfies the Court that the claim of juvenility is necessary.
(2.) I have heard the learned counsel for the parties and perused the record.
(3.) In para 39.2 of the judgment of Abuzar Hossain , it is held that for making a claim with regard to juvenility after conviction, the claimant must produce some material which may prima facie satisfy the court that an inquiry into the claim of juvenility is necessary. Initial burden has to be discharged by the person who claims juvenility.