KAMAL NASKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This criminal appeal is directed against an order of conviction where this appellant and seven others were convicted under Sections 302/364/34 of the Indian Penal Code and therein sentenced to suffer imprisonment for life and rigorous imprisonment for ten years respectively and to pay fine with default clause.

(2.) The appellant alone in this appeal challenge the order of conviction and sentence. After admission, an application for suspension of sentence was moved. At the time, a plea of juvenility was taken and it was contended by his learned Counsel that he is below the age of 18 years on the date of the alleged incident.

(3.) Having regard to such plea, this court by its order passed on 9th April 2013 directed the trial court to hold an enquiry in terms of the provision of Juvenile Justices (Care and Protection of Children) Act, 2000 and to determine the age of the appellant on the date of the alleged incident. In terms of our aforesaid order, an enquiry has been held and the result thereof has been place before us.