SADDAM HOSSAIN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS criminal revision is preferred by the petitioner against the Order no. 33 dated 18.02.2014 passed by the Learned Additional Sessions Judge, Bench ­ II, City Sessions Court, Calcutta in Sessions Case No. 52 of 2012 corresponding to G. R. Case No. 1110 of 2012 arising out of Bowbazar Police Station Case No. 143 of 2012 dated 20.03.2012 under Sections 489B/489C/120B of the Indian Penal Code, by which learned Judge of the court below did not hold the petitioner as juvenile on the date of commission of the offence.

(2.) THE background of filing of the instant criminal revision is that the petitioner raised the plea before the trial court that he was juvenile on the date of commission of the offence, that is, on 20 -03 - 2012. It appears from record that the petitioner took the plea of juvenility before the trial court by filing an application on 13 -05 - 2013 on the basis of transfer certificate of the school. By passing an order on 19 -08 -2013 learned Judge of the court below found that the school certificate produced by the petitioner is not a genuine document and as such learned Judge of the court below did not rely on that school certificate. In the absence of production of genuine documents enumerated in Rule 12 (3) (a) of the Juvenile Justice (Care and Protection of Children) Rules, 2007 learned Judge of the court below sought for expert opinion from a duly constituted medical board for consideration of the plea of juvenility of the petitioner.

(3.) MR . Ramdulal Manna, learned counsel for the petitioner submits that the Juvenile Justice (Care and Protection of Children) Rules, 2007 and the Juvenile Justice ( Care and Protection of Children) Act, 2000 are beneficial legislations and the petitioner is entitled to get the benefit of the said legislation.