RAJU MITRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) HEARD learned Advocate for the petitioner and the learned Advocate for the State.

(2.) THE revisional application is directed against the order dated 21. 7. 08 passed by the learned Addl. Sessions Judge, 1 st Court, Jalpaiguri in connection with Sessions Case No. 183/01 arising out of G. R. Case No. 348/96.

(3.) THE petitioner herein is facing trial for commission of offence punishable under Sections 376/493, I. P. C. The learned Addl. Sessions Judge by his impugned order under challenge and afterfollowing the direction passed by the learned Single Judge of this Court in CRR 2728 of 2003 conducted necessary enquiry and came to the positive finding that the petitioner herein is a juvenile within the meaning of Juvenile Justice Act, 1986. The learned Court below as it appears from the order under challenge did not take into consideration the provision of Juvenile Justice (Care and Protection of Children)Act, 2000 which came into force with effect from 30. 7. 2000. In terms of provisions under Section 69 of the Act, the Juvenile Justice (Care and Protection of Children) Act, 1986 stood repealed with effect from the date when the Act 56 of 2000 came into force. It appears to me that the learned Court below was unmindful about subsequent change of law as because even after deciding that the petitioner herein is a juvenile in conflict with law, the learned Court below is of the view that this Court meaning the Court presided over by the learned Judge has the power to try the instant sessions case.