BIPUL BARMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. A.R. Sikdar, learned counsel for the accused/appellant and Mr. D. Das, learned Additional Public Prosecutor, Assam.

(2.) THIS appeal was admitted for hearing on 28.03.2014. A plea was taken that on the relevant date, the accused/appellant was a Juvenile. In support of such plea, a certificate of date of birth was also produced. Having regard to such plea, this Court passed an order requiring the learned Assistant Sessions Judge, Barpeta to cause an enquiry in accordance with law regarding juvenility of the accused/appellant on the relevant date on which the crime was committed i.e 10.11.2010. Pursuant to the said order, the learned Assistant Sessions Judge, Barpeta has conducted the enquiry and vide her report dated 04.07.2014 has held that the accused/appellant was a juvenile at the relevant time of occurrence. While recording the said finding in the order passed on 04.07.2014 in the enquiry (Enquiry No.1), the learned Assistant Sessions Judge, Barpeta placed reliance on the Medical Board Report.

(3.) IN view of the above position, it is submitted by the learned counsel for the appellant that the sentence against the accused/appellant vide the impugned judgment dated 08.10.2013 passed in Sessions Case No.47/2012 u/s 366(A)/344/376(i) IPC is not sustainable. By the said impugned judgment, while convicting the accused/appellant u/s 342/376(i) IPC and acquitting him u/s 366(A) IPC, he has been imposed with sentence of rigorous imprisonment of 05(five) years with fine of Rs.25,000/ - u/s 376 IPC, in default rigorous imprisonment for 06(six) months and rigorous imprisonment for 01(one) year for offence u/s 342 IPC. By now, he has completed about 15(fifteen) months in jail.