The Allahabad High Court in Sher Singh @ Sheru vs. State of UP dealt with the issue of claim of juvenility raised by the accused when proceedings were underway.
It was laid down that:
- A claim of juvenility may be made at any stage of the trial (even after disposal) and delay in raising the claim cannot be a ground for rejection.
- The one claiming juvenility has the initial burden of proving so and must produce material evidence which convinces the court to order an inquiry.
- If documents presented as evidence prima facie inspire confidence of the court, the court may act upon such documents for the purposes of Section 7A and order an inquiry for determination of the age of the delinquent.
