Rang Nath Pandey, J. - (1.) This is an application moved by the appellant-applicant to take an additional evidence on record and consider the applicant's plea of juvenility raised before this Court at the stage of pending appeal.
(2.) Mr. Noor Mohammad, learned counsel for the appellant-applicant, has contended that the incident took place on 10th of January, 2004 and at the time of incident, the applicant was juvenile being aged about 14 years and 6 months as per the High School marksheet. He raised the plea of juvenility in view of provisions of Section 2(k) of the Juvenile Justice (Care and Protection of Children) Act, 2000 (in short 'Act, 2000'). Section 2 (k) defines the term "juvenile" and speaks that "juvenile" or "child" means "a person who has not completed eighteenth year of age".
(3.) He contended that Section 7(A) of the Act, 2000 deals with the procedure to be followed when claim of juvenility is raised before any court. Section 7(A) of the Act, 2000 reads as under: 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 recognised 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 a 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 a court shall be deemed to have no effect.;