Section 15 of the Juvenile Justice Act of 2000. - the maximum period of sentence is only three years -Section 7(A) of the Juvenile Justice (Care and Protection) Act, 2000. The plea can be raised before any Court and at any point of time. -2015 S.C. MSKLAWREPORTS


Section  7(A)  of  the  Juvenile  Justice  (Care  and
      Protection) Act, 2000.
The plea can be raised before any Court and  at any point of time.
 the age of the accused  appellant  was  less than 18 years at the time of the incident.
It has been brought to  our
      notice that the  appellant has undergone about 8 years  in  jail.
The
      appellant falls within the definition of “juvenile” under Section 2(k)
      of the Juvenile Justice (Care and Protection of children)  Act,  2000.
     
He can raise the plea of juvenility at any time and before  any  court
      as per the mandate of Section 7(a) and has rightly  done  so.
 It  has
      been proved before us, as per the procedure given in the  Rule  12  of
      the Juvenile Justice Model Rules, 2007, and the  age  of  the  accused
      appellant has been determined  following  the  correct  procedure  and
      there is no doubt regarding it.

  On the question of sentencing, we believe that the  accused  appellant
      is to be released.
In the present matter, in addition to the fact that
      he was a juvenile at the time of commission of  offence,  the  accused
      appellant is entitled to benefit of doubt.
Therefore,  the  conviction
      order passed by the High Court is not  sustainable  in  law.
 Assuming
      without conceding, that even if  the  conviction  is  upheld,  Upendra
      Pradhan has undergone almost 8 years of sentence, which is  more  than
      the maximum period of three years prescribed under Section 15  of  the
      Juvenile Justice Act of 2000.
Thus, giving him the benefit  under  the
      Act, we strike down the decision of the High  Court.  -2015 S.C. MSKLAWREPORTS

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