RAJU BASUMATARY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Both Mr. M. Sarania, the learned counsel for the petitioner and Mr. B.S. Sinha, the learned Addl. Public Prosecutor appearing for the State are heard at length. The petitioner in this criminal revision is questioning the legality of the judgment dated 16.2.2003 convicting him under Section 447/325 IPC and sentencing him to undergo rigorous imprisonment for 6 months and to pay a fine of Rs. 500/- i/d to undergo imprisonment for another 2 months as upheld by the judgment and order dated 31.7.2004 passed by the learned Sessions Judge, Bongaigaon in Criminal Appeal No. 1(1)/2004.

(2.) In the course of admission hearing, the petitioner for the first time had raised the issue of juvenility by claiming that he was a juvenile at the time of commission of offence and as such, he could not be punished or sentenced under any law, and can be dealt with only in terms of the Juvenile Justice (Care & Protection of Children) Act, 2000 ("the Act" for short). This had prompted this Court to pass the order dated 4.6.2012 in the connected Criminal Misc. Case No. 416/2012 directing the learned Sub-Divisional Judicial Magistrate, Bijni to make an enquiry on the claim of juvenility raised by the petitioner. The learned Sub-Divisional Judicial Magistrate, Bijni whereupon conducted the enquiry and at the conclusion of the enquiry, submitted his report, which is dated 30.11.2012 and is now taken on board. The operative part of the enquiry report is reproduced hereunder:--

(3.) On the basis of the above, it is found and held that the accused Raju Basumatary was a juvenile on the date of occurrence.