GITA MITTAL, J.R.MIDHA
State – Appellant
Versus
Jagtar – Respondent
Gita Mittal, J.
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. We have therefore heard learned counsels in the appeals on these two issues.
I. Statutory Framework
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 :-
“2(k) "juvenile" or "child" means a person who has not c
(1981) 4 SCC 149 Jayendra & Anr. V. State of U.P
Jayendra v. State of U.P. (1981) 4 SCC 149 : 1982 Cri LJ 1000
(2005) 12 SCC 615 Gurpreet Singh vs. State of Punjab and the connected appeal
(2010) 5 SCC 344 Dharambir v. State (NCT of Delhi) & Anr.
(2012) 8 SCC 800 Babla @ Dinesh v. State of Uttrakhand
(2012) 8 SCC 763 Vijay Singh v. State of Delhi
(1981) 4 SCC 210 Raghbir v. State of Haryana
(2009) 17 SCC 574 Rambir Singh & Ors. v. State of Uttar Pradesh
(2012) 8 SCC 34 Kalu @ Amit v. State of Haryana
Hari Ram v. State of Rajasthan [(2009) 13 SCC 211 : (2010) 1 SCC (Cri) 987] (SCC p. 223
(2011) 2 SCC 251 Lakhan Lal v. State of Bihar
Umesh Singh v. State of Bihar [(2000) 6 SCC 89 : 2000 SCC (Cri) 1026]
Bhola Bhagat v. State of Bihar [(1997) 8 SCC 720 : 1998 SCC (Cri) 125]
Bhoop Ram v. State of U.P. [(1989) 3 SCC 1 : 1989 SCC (Cri) 486]
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.