LAWS(GAU)-2012-6-78

BISWAJIT BISWAS Vs. STATE OF TRIPURA

Decided On June 06, 2012
BISWAJIT BISWAS Appellant
V/S
STATE OF TRIPURA Respondents

JUDGEMENT

(1.) This appeal, filed under Section 374 of the Code of Criminal Procedure, 1973, is directed against the judgment of conviction and order of sentence dated 07.03.2005, passed by the learned Addl. Sessions Judge, Belonia, South Tripura, in the Sessions Trial No.39 (ST/B)/2004, whereby the appellant is convicted and sentenced to pay a fine of Rs.20,000/-(rupees twenty thousand) and in default of payment of fine to suffer simple imprisonment for one year.

(2.) In pursuant to the said direction, learned Addl. Sessions Judge, Belonia, South Tripura took up the enquiry and disposed of the reference by the order dated 11.04.2012, as passed in the file of S.T. 39(ST/B) of 2004 and remitted the file to this Court for necessary consideration. Profitably, the said order dated 11.04.2012 is reproduced hereunder:

(3.) The said order has taken into cognizance by this Court but no opposition has been projected by Mr. P. Bhattacharjee, learned Addl. Public Prosecutor appearing for the State, and as such, the appellant is held a juvenile on the date of occurrence i.e. 10.07.2004. It is also noticed that at the time of trial this plea was not taken up even though it appears from the FIR itself that the appellant s age was indicated to be 17 years. While the statement of the appellant was recorded under Section 313 of the Code of Criminal Procedure, 1973, he stated his age to be 16 years, despite that he was not tried as the juvenile in conflict with law.