the Court before whom the matter is pending and the claim of juvenility is raised by an accused then such Court is competent to make an enquiry
Ss. 9 & 94
When the case in hand is examined in the light of the provisions contained in Juvenile Justice (Care and Protection of Children) Act, 2015, the Juvenile Justice (Care and Protection of Children) Rules, 2007 and the case law noted above, the i nescapable conclusion is that by virtue of Section 9 of Juvenile Justice (Care and Protection of Children) Act, 2015, the Court before whom the matter is pending and the claim of juvenility is raised by an accused then such Court is competent to make and e nquiry, take such evidence as may be necessary excluding an affidavit and thereafter record a finding on the matter stating the age of person as nearly as may be. As such, the order impugned in present criminal re vision cannot be faulted on the ground tha t Court below had no jurisdiction in the matter.
Case Law:
Vishal Singh @ Pitarsan @ Vishal Kumar Singh v. State of U.P. and another,
Citation:
2022 (8) ADJ 517 HC