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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:
Supreme Court of India Cites 49 - Cited by 163 - R M Lodha - Full Document
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