ORDER 1. This petition has been filed on behalf of the six accused who had been convicted by the learned Special Judge (the EC Act), Aligarh, on 12-6-1991, in Sessions Trial No. 159 of 1990. When the matter was taken up for consideration, it was submitted on behalf of Appellant 4, Bhojraj, slo Rambir Singh, that he was a juvenile on the date of commission of the alleged offence on 23-11-1989. 2. It is true that the question of juvenility of Appellant 4 had not been taken either before the trial court or before the High Court. However, having regard to the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000, and the amendments effected thereto in 2006, by the introduction of Section 7-A, and the framing of the Juvenile Justice (Care and Protection of Children) Rules, 2007, having particular regard to Rule 12, it is now settled that such a question of juvenility can be raised at any time before any court and even after conviction. 3. This question came up for consideration in Hari Ram v. State of Rajasthan I wherein the aforesaid provisions were explained and interpreted. 4. Having regard to the above, the case of Appellant 4 will have to be treated separately from the other appellants. 5. In the school certificate of the Higher School Examination conducted in the year 1989, it appears that the date of birth of the appellant is shown as 15-12-1972, which would make the age of the appellant less than 18 years on the date of the alleged incident. Since in this case Appellant 4 has already been convicted and sentenced to life imprisonment, his case will be covered by the provisions of sub-section (2) of Section 7 -A of the aforesaid Act. 6. Sub-section (2) provides that: "7-A. (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 j juvenile to the Board for passing appropriate order and the sentence if any, passed by a court shall be deemed to have no effect." 7.
6. Sub-section (2) provides that: "7-A. (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 j juvenile to the Board for passing appropriate order and the sentence if any, passed by a court shall be deemed to have no effect." 7. Having regard to the above, let the case of Appellant 4 be transmitted to the Juvenile Justice Board, Aligarh, for passing appropriate orders in terms of Section 15 of the Act, read with Rule 98 of the aforesaid Rules, within two months from the date of receipt of a copy of this order. The Registry is directed to communicate this order to the court concerned. 8. The appeal as far as Appellant 4 is concerned, is accordingly, allowed to the aforesaid extent. The criminal miscellaneous petition is also allowed and disposed of. Let the appeal, as far as the other appellants are concerned, be listed for hearing in the usual course.