A claim of juvenility can be raised at any stage, and, if proven, invalidates previous convictions under the Juvenile Justice Act, emphasizing the need for child-friendly adjudication.

1. The instant petition has been registered suo motu on the letter dated 3.7.2011 addressed to the Hon'ble the Chief Justice of this Court by Smt. Minna Kabir, a Child Rights Activist, essentially for expediting the proceedings before the Juvenile Justice Board, Morigaon (hereafter referred to also as the 'Board') initiated on an application filed on behalf of Ramdeo Chauhan @ Rajnath Chouhan seeking his release in terms of the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short, hereinafter referred to as the 'Act') (as amended), read with the Juvenile Justice (Care and Protection of Children) Rules, 2007 (for short, hereafter referred to as the 'Rules'), on a redetermination of his age in accordance with R.12 of the Rules. The application before the Board has been registered as petition No. 3164/2010 on 22.12.2010.

2. We have heard Mr. M. K. Das, Advocate assisted by Ms. Swaraswati Johari, Advocate representing Human Rights Law Network (for short, 'HRLN'), a non - Government social organization, for the applicant, Mr. P. S. Deka, Govt. Advocate for the State of Assam and Mr. D. K. Mishra, Senior Advocate acting as Amicus Curiae.

3. Before adverting to the essential legal issues bearing on the reliefs prayed for, it is considered expedient to outline the factual backdrop sans, unnecessary details.

4. The applicant was made to stand a sessions trial being charged under S.323, S.325 and S.326, IPC and was eventually convicted on all the charges by the judgment and order dated 31.3.98 in Sessions case No. 31(M) / 1993 (corresponding to GR No. 164/1992) passed by the learned Sessions Judge, Morigaon. On such conviction he was awarded the capital punishment of death. The date of the offence was 8.3.1992. The death penalty was confirmed by this Court in Criminal Death Reference No. 1/1998 and Criminal Appeal No. 109(J) / 1998. The Hon'ble Apex Court in Criminal Appeal No. 4/2010 sustained the penalty. The applicant thereafter filed a Review petition before the Hon'ble Apex Court being No. 1105/2000 for reconsideration of the determination of his age as made by the learned trial court. The Review petition was dismissed by the majority of two to one. The death penalty was eventually commuted to one of life imprisonment by His Excellency, the Governor of Assam, vide order No. GDJ.138/2000/52 dated 20.12.02.

5. In the writ petition filed by the victim's relatives before the Hon'ble Apex Court registered as Writ Petition (Civil) No. 457/2005 the aforementioned order of commutation was set aside on 5.9.2009. The applicant thereafter approached the Hon'ble Apex Court with a Review petition being Review Petition (Civil) No. 1378/09 which was disposed of on 19.11.2010 restoring the order of His Excellency, the Governor of Assam commuting the death sentence to one of life imprisonment.

6. The Hon'ble Apex Court in response to the plea of juvenility raised by the applicant in Review petition (Civil) No. 1378/09 observed hereinbelow in its judgment and order dated 19.11.2010:

"86. Now the only question which remains to be considered is whether the petitioner is entitled to insist on a fresh look at his juvenility and a fresh consideration of his rights in view of the changes in the Juvenile Justice (Care & Protection of Children) Act, 2000 by 2006 amendment.

87. This point has not been stated in the review petition even though this was argued by the learned counsel for the petitioner.

88. Mr. P.S. Patwalia, the amicus curiae appearing in the case, objected to this Court making a pronouncement of this question which is argued for