MAINUL HAQUE AHMED Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S.K. Jain, learned counsel for the appellant. We have also heard Ms. B. Bhuyan, learned Addl. P.P. Assam appearing for the State.

(2.) By the judgment and order dtd. 19/5/2015 passed by the learned Addl. Sessions Judge (FTC), Kamrup at Rangia in connection with Sessions Case No. 271/2010, the appellant Md. Mainul Haque Ahmed was convicted under Sec. 302 IPC for committing the murder of his sister-in-law viz. Fatema Bibi and sentenced to undergo rigorous imprisonment for life and also to pay a fine of Rs.1000.00. The judgment and order dtd. 19/5/2015 has been assailed by filing the instant appeal.

(3.) It appears from the record that during the pendency of the appeal, the appellant had, for the first time, taken the plea of juvenility and had filed I.A.(Crl.) No. 782/2017 arising out of Crl. A. No. 200/2015 making a prayer before this Court to declare him as "juvenile" within the meaning of Sec. 2(k) of the Juvenile Justice (Care and Protection of Children) Act, 2000 on the ground that on the date of the occurrence, i.e. on 13/4/1993, the appellant was aged below 14 years and therefore, was a "juvenile". The appellant had claimed that his date of birth was 18/12/1979. Taking note of the aforesaid plea raised by the appellant, this Court had passed order dtd. 4/12/2017 in I.A.(Crl.) No. 782/2017 directing the Addl. District and Sessions Judge (FTC), Kamrup at Rangia to conduct an enquiry regarding the plea of juvenility raised by the appellant in terms of Rule 12 of the Juvenile Justice (Care and Protection of Children) Rules, 2007 and thereafter, submit a report. Accordingly, the learned Addl. District and Sessions Judge had conducted an enquiry and submitted report dt. 27/3/2018. As per the enquiry report dtd. 27/3/2018, the claim of the appellant that he was a "juvenile" on the date of occurrence was found to be correct.