The Supreme Court held that the delay in raising the claim of juvenility is no ground for rejection of such a claim. The bench comprising of the Justices Indira Banerjee and Krishna Murari observed that such claim can be raised at any stage, even after the final disposal of the case.
The statement was observed by the Court while considering an application filed by Isha Charan, who has been convicted along with others under Section 302 of the Indian Penal Code and sentenced with imprisonment for life in relation to an incident which took place on 30-11-1982.
The court also noted that Section 2(k) of the Juvenile Justice (Care and Protection of Children) Act, 2000, defines a "juvenile" or "child" as a person who has not completed eighteen years of age. A person who was a juvenile at the time of commission of offence is entitled to the protection, it said.