LAWS(CAL)-2010-8-74

BABLU ROY Vs. STATE OF WEST BENGAL

Decided On August 20, 2010
BABLU ROY Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) The Petitioner who has been chargesheeted under sections 457/380/ 302/201 of the Indian Penal Code after commitment of this case to the Court of Sessions, raised a claim of juvenility before the Trial Court. After his such claim was turned down, the Petitioner approached this Court and this Court directed the learned Trial Court to hold an enquiry in this regard. Accordingly, an enquiry was held and during such enquiry a copy of the certificate issued by the Headmaster of Ambari Falakata CM. High School (H.S.) showing his date of birth as March 29, 1991, as per the Admission Register was exhibited. The Admission Register of the school on the basis of which such certificate was issued was also exhibited. But the Trial Court refused to act on the said document, on the ground, that during the course of examination, of the Headmaster, who issued such certificate, he admitted that date of birth was recorded in the Admission Register on the basis of a document issued by Bhotpara B.F. Primary School and no document from Bhotpara B.F. Primary School was produced. However, the Trial Court relying on the Ossification Test report held the Petitioner is not a juvenile. In this criminal revision the Petitioner has challenged the said order.

(2.) The learned Counsel appearing on behalf of the Petitioner vehemently urged that in the circumstances as aforesaid the learned Trial Court should have called for the records from the Bhotpara B.F. Primary School to ascertain the Petitioner's claim of juvenility. Whereas Mr. Ganguly, learned Counsel appearing for the State, in his usual fairness submitted that he has no objection if the Trial Court is directed to consider relevant records of the primary school and then to decide the Petitioner's claim of juvenility.

(3.) I have given my anxious and thoughtful consideration to the submissions made on behalf of the parties. Perused the materials on records.