RAJ KUMAR MONDAL Vs. STATE

JUDGEMENT

(1.) The challenge in this appeal is to the judgment and conviction dated 22.12.2009 and 23.12.2009 respectively thereby convicting the appellant Raj Kr. Mondal under section 376/511 of the IPC and sentencing him to suffer RI for five years and to pay fine of Rs. 5,000/-. The appeal has been preferred challenging the judgment above on many fold grounds and one of the main ground is that the learned Court failed to consider that on the date of occurrence, the appellant was below the age to attain the majority in terms of Juvenile Justice (Care and Protection of Children) Act, 2000 (As amended).

(2.) Since this point is raised seriously by Mr. Acharya, learned Counsel appearing for the appellant and conceded by Mr. Chakraborty, learned Counsel appearing on behalf of the State of West Bengal, this Court thinks fit and proper to take up the matter first of all without entering into the merit of the judgment.

(3.) Section 7A of the Juvenile Justice (Care and Protection of Children) Act, 2000 is set out below:-