MD. SOMESH ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE order under challenge in the present revision was passed on 24.3.1995 by the learned Sessions Judge, Dhubri, in Criminal Appeal No. 1(4)/94, dismissing the appeal and upholding the judgment and order, dated 17.9.1994, passed by the learned Assistant Sessions Judge, Dhubri, in Sessions Case No. 101/92, convicting the accused -petitioner under Section 376 IPC and sentencing him to undergo rigorous imprisonment for a period of three years and pay a fine of Rs. 500 and in default, to suffer rigorous imprisonment for a further period of three months.

(2.) THE material facts, which led to the present revision, may, in brief, be stated as follows:

(3.) IT may be noted that this revision has been argued on a limited question. It has been, first, contended that the petitioner was a juvenile within the meaning of the word -œjuvenile - appea -ring in the Juvenile Justice Act, 1986, inasmuch as he was, according to the forwarding report of the police, 12 years old at the time of the occurrence and even the learned Magistrate, who released the accused -petitioner, on bail on 4.6.1990, observed in his order that the accused is a minor inasmuch as his age would not be more than 12/13 years. Despite this, it is pointed out, the trial commenced treating the accused as a major and the same was concluded also treating the accused as a major leading to the conviction of the accused -petitioner under Section 376 IPC. In the exami -nation under Section 313 Cr. P.C. it is pointed out, the accused described his age as 19 years and even if his age is taken to be 19 years on 18.8.1994, i.e., the date, when his statement under Section 313 Cr. P.C. was recorded, it will become clear that he was less than 16 years old on 23.5.1990, i.e., on the day of the alleged occurrence.