NISHA GUPTA,J. - (1.) This petition has been filed against the order dated 29/01/2014 passed by the court of Additional Sessions Judge, Bandikui, District Dausa in Sessions Case No.23/2007 only on the ground and with the contention of the counsel for the petitioner that petitioner was a minor and hence, cognisance could not be taken against him and the contention of the Public Prosecutor is that such objection could be raised before the trial court as per provisions of Section 7A of the Juvenile Justice (Care and Protection of Children) Act, 2000 but no such objections have been raised before the trial Court.
(2.) Heard counsel for the petitioner, Public Prosecutor for the State and perused the material available on record.
(3.) At the outset, it is relevant to reproduce herein the provisions of Section 7A of the Act of 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 enquiry, 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.";