RAJINDER LOHAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appellant has assailed judgment and order dtd. 19/1/2005 passed by the learned Additional Sessions Judge, 1st Fast Track Court, Alipurduar, Jalpaiguri in Sessions Trial Case No. 36 of 2004 arising out of Sessions Case No. 54 of 2000 convicting the appellant for commission of offence punishable under Ss. 376(2)(f) of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay fine of Rs.5,000.00, in default, to suffer imprisonment for one year.

(2.) Mr. Partha Pratim Das, learned Advocate appearing for the appellant submits that the appellant was a juvenile at the time of occurrence. During his examination under Sec. 313 Cr. P. C., he had stated his age in January, 2004 as 23 years. Incident occurred in October, 1996 when he would be around 16 years old.

(3.) In view of the aforesaid submission, by an order dtd. 8/6/2016, this Court had directed enquiry to be made with regard to the age of the appellant under the provisions of the Juvenile Justice Act. Report of Chief Judicial Magistrate, Jalpaiguri dtd. 24/9/2016 stating the date of birth of the appellant as April 7, 1980 as per certificate dtd. 17/8/2016 issued by Hasimara Hindi High School (HS) was, however, not accepted by this Court and direction was given upon the Chief Judicial Magistrate, Jalpaiguri to conduct ossification test to determine approximate age of the appellant. Pursuant to such direction, ossification test was conducted and report of Dr. Rajib Prasad, M.D., Associate Professor, Department of Forensic Medicine and Toxicology, NBMCH showing the approximate age of the appellant between 35-40 years as on 2/6/2017 was placed before this Court. In view of the wide gap of five years between the lower and the upper age limit, Chief Judicial Magistrate was again directed to obtain opinion of the medical expert of Medical College, Calcutta with regard to the approximate age. Till date no report from Medical College, Calcutta has been placed before this Court.