LAWS(SC)-2019-7-162

SOLEMEN SK Vs. STATE OF WEST BENGAL

Decided On July 12, 2019
Solemen Sk Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) The petitioner was convicted under Section 307 IPC and sentenced to three years imprisonment. The order of conviction and sentence was affirmed by the High Court. An application under Section 9 (2) of the Juvenile Justice (care and protection of children) Act, 2015 (Juvenile Justice Act, 2015) is filed seeking a declaration that he was a Juvenile on the date of the offence in the disposed of Special Leave Petition. By an order dated 25.2.2019, we directed the District and Sessions Judge, Berhampore, Murshidabad, West Bengal to conduct an enquiry under Section 9(2) of the Juvenile Justice Act, 2015 regarding the Juvenility of the petitioner on the date of offence i.e. 28.08.2004 and submit a report. The Report of the District and Sessions Judge, Berhampore, Murshidabad, West Bengal is placed before us. As per the report, the date of birth 14:21:55 IST Reason: of the petitioner is 30.02.1987 and he was 16 years 7 months and 28 days on the date of offence i.e. 28.08.2004. On a perusal of the report, we are convinced that the enquiry was conducted in conformity with Section 9 (2) the Juvenile Justice Act, 2015.

(2.) The school records have been verified and found to be genuine and there was no other evidence to show that the school records cannot be relied upon. Accepting the report submitted by the District and Sessions Judge, we are of the opinion that the petitioner was a Juvenile on the date of offence. Under Section 18 of the Juvenile Justice Act, on the basis of the finding that the petitioner is a Juvenile, he would be a child in conflict with law. In the normal course, he has to be referred to the Board for being dealt with suitably. The board after conducting an enquiry may pass any of the following orders:

(3.) Provided that if the conduct and behaviour of the child has been such that, it would not be in the child's interest, or in the interest of other children housed in a special home, the Board may send such child to the place of safety."