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1 - 10 of 20 (0.37 seconds)Section 4 in The Protection of Children from Sexual Offences Act, 2012 [Entire Act]
The Juvenile Justice (Care and Protection of Children) Act, 2015
Section 33 in The Protection of Children from Sexual Offences Act, 2012 [Entire Act]
The Code of Criminal Procedure, 1973
Section 28 in The Protection of Children from Sexual Offences Act, 2012 [Entire Act]
Section 227 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 94 in The Juvenile Justice (Care and Protection of Children) Act, 2015 [Entire Act]
Section 228 in The Code of Criminal Procedure, 1973 [Entire Act]
Abuzar Hossain @ Gulam Hossain vs State Of West Bengal on 10 October, 2012
28. However, the question remains as to whether the learned Special Judge
(POCSO) was correct in not determining the age of the alleged victim girl and
whether the charge framed against the petitioner could be termed as correct. It
Page No.# 19/26
is a settled proposition of law that the issue relating to juvenility can be raised
at any stage, whether at the pre-trial stage, during trial, or even after
completion of trial. The decision of the Hon'ble Supreme Court in Abuzar
Hossain v. State of West Bengal, reported in (2012) 10 SCC 489, being
relevant, can be referred to, wherein the Hon'ble Supreme Court held that the
claim of juvenility may be raised at any stage, irrespective of any delay in raising
the same. In that case, it was held that a claim of juvenility may be raised even
after final disposal of the case. It may be raised for the first time before the
Hon'ble Supreme Court as well as after final disposal of the case. Paragraph 39
of the aforesaid judgment, being relevant, is reproduced hereinbelow: