ABDUL MANNAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Leave granted.

(2.) This is an appeal against the order dated January 11, 1989 passed by the Calcutta High Court in Criminal Revision No. 31 of 1989. In Sessions Case No. 63A of 1981 on the file of the Additional Sessions Judge, 11 persons including the appellants are facing trial.

(3.) The appellants herein were charged for various offences including the offence of murder punishable under Section 302, Indian Penal Code. Now it transpires that on the date of the commission of the offence these appellants were under the age of 17 and 18 years. Since they were children under the provisions of the West Bengal Children Act, 1959 (for short, "the Act"), they were required to be tried by the Juveniles Court but no such Court had been constituted. Subsequently, pending proceedings Juvenile Justices Act, 1986 has come into force and the Act stood repealed. Even under the Act, trial of the juveniles offenders requires to be conducted by the Juveniles Court. Since no Court has been constituted even under the Central Act the necessary consequences would be that the Sessions Judge had to conduct the trial.