CHUMKI GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioners, who have been arraigned as accused in connection with a case relating to offences punishable under Sections 498A/304B of the Indian Penal Code, moved an application before the learned Court below for forwarding them to the concerned Juvenile Justice Board and as the petitioners' prayer was turned down, hence this criminal revision.

(2.) Heard the learned Counsels appearing on behalf of the parties. Perused the impugned order and other materials -on -record.

(3.) The petitioners, who were charge-sheeted under Sections 498A/ 304B of the Indian Penal Code on the date fixed for commitment, raised a claim of juvenility before the learned Court and in support of their such claim produced a xerox copies of their Admit Cards issued by the West Bengal Board of Secondary Education. Although their date of birth recorded in the Admit Card shows that the petitioners were below the age of eighteen years on the date of the alleged incident but the learned Magistrate rejected their such prayer on the ground that in the charge-sheet nothing has been mentioned that they are juvenile and High Court granted anticipatory bail to them not as a juvenile but as an adult one.