ORDER

1. This petition has been filed on behalf of the six accused who had been convicted by the learned Special Judge (the EC Act), Aligarh, on 12-6-1991, in Sessions Trial No. 159 of 1990. When the matter was taken up for consideration, it was submitted on behalf of Appellant 4, Bhojraj, slo Rambir Singh, that he was a juvenile on the date of commission of the alleged offence on 23-11-1989.

2. It is true that the question of juvenility of Appellant 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 7-A, 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.

3. This question came up for consideration in Hari Ram v. State of Rajasthan I wherein the aforesaid provisions were explained and interpreted.

4. Having regard to the above, the case of Appellant 4 will have to be treated separately