UTPAL ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Order dated 16.11.2012 passed by the learned Additional Sessions Judge, 4th Fast Track Court, Jalpaiguri in Sessions Case No.43 of 2010 arising out of Bhaktinagar Police Station Case No.556 of 2008 dated 01.04.2008 dated 01.04.2008 under section 376(2XF) of the Indian Penal Code has been assailed.

(2.) The case of the petitioner is that he was a minor at the time of commission of the alleged offence, i.e. on 31.03.2008. Invoking section 7 A of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as the said Act of 2000), the petitioner made a prayer before the trial court for referring the case to the Juvenile Board for inquiry under the said law. The petitioner relied on the date of birth entered in the admission register of the school where he studied and the transfer certificate issued by the said institution.

(3.) In the admission register, the date of birth of the petitioner has been recorded as 01.01.1991. The transfer certificate issued on13.08.2007 also shows the date of birth of the petitioner as on 01.01.1991.