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2019 DIGILAW 163 (GAU)

HAZRAT ALI v. STATE OF ASSAM

2019-02-05

MIR ALFAZ ALI, SONGKHUPCHUNG SERTO

body2019
JUDGMENT : Songkhupchung Serto, J. 1. The appeal is directed against the judgment and order dated 12-09-2018 & 15-09-2018 passed by the learned Addl. Sessions Judge, Bilasipara in Sessions Case No. 96/2014. By the said judgment, the appellant/applicant was convicted under Section 302 IPC and sentenced to imprisonment for life and fine of Rs. 15000/- with default stipulation. 2. Heard Mr. A. Ahmed, learned counsel assisting Mr. H.R.A. Choudhury, learned Sr. Counsel appearing for the appellant/applicant and Ms. S. Jahan, learned Addl. P.P., Assam appearing for the State of Assam. 3. The appellant/applicant has claimed that he was a juvenile at the time when the offence was committed i.e. 13-09-2011 and therefore, he should have been dealt with as per the Juvenile Justice (Care and Protection of Children) Act, 2000 and the rules framed thereunder. Accordingly, this Court on 19-2-2018 in the I.A. (Crl.) 1000/2018 directed the Court of the learned Sessions Judge, Dhubri to conduct an enquiry in order to determine as to whether the appellant/applicant was a juvenile as on 13-09-2011 i.e. the date of occurrence of the crime, for which the appellant/applicant was tried and found guilty, convicted and sentenced. 4. The learned Sessions Judge after having conducted enquiry has sent his report dated 28-01-2019. We have gone through the enquiry report. As per the enquiry report, the appellant/applicant was a juvenile on the date of occurrence of the crime i.e. on 13-09-2011. The learned Sessions Judge came to the conclusion based on the certificate issued by the Headmaster, 405 No. Puthimari L.P. School situated in the Dhubri district. 5. We are satisfied with the report of the learned Sessions Judge as we find no illegality or inconsistency in it with the provision of the Juvenile Justice (Care and Protection of Children) Act, 2000 and the rules framed thereunder. Accordingly, the same is accepted. 6. As per Section 7A, Clause (1) of the Juvenile Justice (Care and Protection of Children) Act, 2000, if a court finds a person to be juvenile on the date of commission of the offence, the case has to be forwarded to the Juvenile Justice Board for passing appropriate order and if any sentence has been passed, the same shall be deemed to have no effect. 7. In view of the above provision of law, the sentence passed by the learned Addl. 7. In view of the above provision of law, the sentence passed by the learned Addl. Sessions Judge, Bilasipara in Sessions Case No. 96/2014 is deemed to have no effect. Therefore, let the case record be send to Juvenile Justice Board, Bilasipara in Dhubri District to pass necessary order(s) as per Section 7-A, Clause (2) read with Section 15 of the Juvenile Justice (Care and Protection of Children) Act, 2000. 8. The Superintendent of Jail, Dhubri is hereby directed to produce the appellant/applicant before the Juvenile Justice Board, Bilasipara within 10 days from today, enabling the Board to pass necessary order(s) as per law. 9. Registry shall send the record immediately. 10. Both, the Criminal Appeal and the I.A. shall stand disposed of.