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 completed eighteenth year of age;

"juvenile in conflict with law" means a juvenile who is alleged to have committed an offence;

6. Powers of Juvenile Justice Board.-

(1) Where a Board has been constituted for any district or a group of districts, such Board shall, notwithstanding anything contained in any other law for the time being in force but save as otherwise expressly provided in this Act, have power to deal exclusively with all proceedings under this Act relating to juvenile in conflict with law.

(2) The powers conferred on the Board by or under this Act may also be exercised by the High Court and the Court of Session, when the proceeding comes before them in appeal, revision or otherwise.

7. Procedure to be followed by a Magistrate not empowered under the Act.- Procedure to be followed by a Magistrate not empowered under the Act.-

(1) When any Magistrate not empowered to exercise the powers of a Board under this Act is of the opinion that a person brought before him under any of the provisions of this Act (other than for the purpose of giving evidence), is a juvenile or the child, he shall without any delay record such opinion and forward the juvenile or the child and the record of the proceeding to the competent authority having jurisdiction over the proceeding.

(2) The competent authority to which the proceeding is forwarded under sub-section (1) shall hold the inquiry as if the juvenile or the child had originally been brought before it.

7A. Procedure to be followed when claim of juvenility is raised before any court. –

(1) Whenever a claim of juvenility is raised before any court or a court is of the opinion that an accused person was a juvenile on the date of commission of the offence, the court shall make an inquiry, take such evidence as may be necessary (but not an affidavit) so as to determine the age of such person, and shall record a finding whether the person is a juvenile or a child or not, stating his age as nearly as may be:

Provided that a claim of juvenility may be raised before any court and it shall be recognized at any stage, even after final disposal of the case, and such claim shall be determined in terms of the provisions contained in this Act and the rules made thereunder, even if the juvenile has ceased to be so on or before the date of commencement of this Act.

(2) If the court finds a person to be juvenile on the date of commission of the offence under sub-section (1), it shall forward the juvenile to the Board for passing appropriate orders and the sentence, if any, passed by the court shall be deemed to have no effect.”

4. How the Juvenile Justice Board is to proceed against the juvenile and what are the possible orders which may be passed on finding him guilty of commission of offences is prescribed under Section 1