Juvenile Justice (Care and Protection of Children) Act, 2000 — Section 7-A(2) –

August 23rd, 2013

Juvenile Justice (Care and Protection of Children) Act, 2000 — Section 7-A(2) — Claim of juvenility before court — Procedure to be adopted — Interpretation of — Discussed.

(Para 92)

HELD: Although a claim of juvenility can be raised by a person at any stage and before any Court, upon such Court finding the person to be a juvenile on the date of the commission of the offence, it has to forward the juvenile to the Board for passing appropriate orders and the sentence, if any, passed shall be deemed to have effect. There is no provision suggesting, leave alone making it obligatory for the Court before whom the claim for juvenility is made, to set aside the conviction of the juvenile on the ground that on the date of commission of the offence he was a juvenile, and hence not triable by an ordinary criminal court. Applying the maxim of expressio unius est exclusio alterious, it would be reasonable to hold that the law in so far as it requires a reference to be made to the Board excludes by necessary implication any intention on the part of the legislature requiring the Courts to set aside the conviction recorded by the lower court. The Parliament, it appears, was content with setting aside the sentence of imprisonment awarded to the juvenile and making of a reference to the Board without specifically or by implication requiring the court concerned to alter or set aside the conviction. That perhaps is the reason why this Court has in several decisions simply set aside the sentence awarded to the juvenile without interfering with the conviction recorded by the court concerned and thereby complied with the mandate of Section 7A(2) of the Act.

(Para 92)

Jitendra Singh v. State of Uttar Pradesh[Bench Strength 2], Criminal Appeal No. 763/2003(10/07/2013), 2013(9) SCALE 18: 2013(5) Supreme 232 [T.S. Thakur, J.: Madan B. Lokur, J.]

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