GITA MITTAL, J.R.MIDHA
State (Govt. of NCT of Delhi) – 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
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]
Jayendra v. State of U.P. (1981) 4 SCC 149 : 1982 Cri LJ 1000
Gurpreet Singh vs. State of Punjab
Dharambir v. State (NCT of Delhi)
Babla @ Dinesh v. State of Uttrakhand
Jayendra v. State of U.P. [(1981) 4 SCC 149 : 1981 SCC (Cri) 809]
Upendra Kumar v. State of Bihar [(2005) 3 SCC 592 : 2005 SCC (Cri) 778]
Vaneet Kumar Gupta v. State of Punjab [(2009) 17 SCC 587 : (2011) 1 SCC (Cri) 1092]
Kalu @ Amit v. State of Haryana
Hari Ram v. State of Rajasthan [(2009) 13 SCC 211 : (2010) 1 SCC (Cri) 987]
Umesh Singh v. State of Bihar [(2000) 6 SCC 89 : 2000 SCC (Cri) 1026]
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