RAJIB HUSSAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) The challenge made in this petition filed under Section 482 read with Sections 401/397 Cr.P.C. read with Section 7-A of the Juvenile Justice (Care and Protection of Children) Act, 2000, for short, Act of 2000, is an order dated 29.12.2011 passed by the learned Additional District and Sessions Judge (FTC) No. 1, Kamrup, Guwahati in Sessions Case No. 278(K)/2001 whereby the plea of the petitioner to extend the benefit of the Act of 2000 to him was rejected. At the outset, relevant facts need to be noticed. On 22.12.1994, one Hemen Kalita had lodged an ejahar before the Officer-in-Charge, Chandmari Police Station alleging that on that day as he along with his friends, Gautam Kalita, Srimanta Bora were going to Nepali Chowk from Ganesh Nagar to arrange for a picnic proposed for the next day, the petitioner, along with Zakir Hussain, Heman Malakar, Sankar Sarma, Arip and Pranjal, at around 8.00 A.M., restrained them from proceeding further near Haldi Mill at Jyotinagar and the petitioner caused a stab injury in the lower abdomen of Gautam, who succumbed to his injuries in a nursing home. On the basis of the said ejahar, Chandmari P.S. Case No. 387/1994, under Sections 341/302/34 I.P.C. was registered.

(2.) After investigation was completed, charge-sheet was submitted against the petitioner and six others for commission of an offence under Sections 302/34 I.P.C. The case being exclusively triable by the Court of Sessions, the learned Magistrate committed the case to the Court of learned Sessions Judge, Kamrup, at Guwahati. Subsequently, Sessions Case No. 278(K)/2001 was registered in the Court of the Additional Sessions Judge (FTC) No. 1, Kamrup, at Guwahati.

(3.) The trial had commenced and argument was also advanced on 07.04.2011. It so transpires that the petitioner had filed a petition being Petition No. 750 on 18.08.2003 praying for treating the petitioner as a juvenile and to give him the benefit of the Act of 2000. The said petition was rejected by an order dated 07.04.2004. From the evidence of Smti Khatana Begum, who had exhibited the Certificate of Birth, the learned Court below recorded a finding that the date of birth of the petitioner is 01.01.1978 and thus, on the date of alleged occurrence, he was a boy of above 16 years. Holding that under Section 2(h) of Juvenile Justice Act, 1986, for short, Act of 1986, benefit of the Act as juvenile is available only upto 16 years, it was recorded that on the date of alleged occurrence on 22.12.1994, he was not a juvenile and accordingly, the petition was dismissed with a further declaration that he be tried along with other accused persons.