APURBA DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) The petitioner herein is being tried as accused, in sessions case No. 65(K)/08, in the Court of the learned Additional Sessions Judge (FTC), Kamrup.

(2.) By filing a petition on 30-4-2008, in the learned trial Court, the petitioner contented that he was a juvenile at the time of the alleged commission of offence and. accordingly, sought for direction that he be sent to the Juvenile Justice Board constituted under Section 4 of the Juvenile Justice (Care and Protection of Children) Act, 2000, (in short, 'the said Act'). The learned trial Court, however, continued to proceed with the case by observing that the question, as to whether the accused-petitioner was or was not a juvenile, at the time of alleged occurrence, would be determined, when arguments would be heard.

(3.) In course of time, evidence, adduced by prosecution, was concluded, the accused- petitioner was examined under Section 313, Cr. P.C. and, thereafter, the accused-petitioner entered into his defence and adduced evidence by examining two witnesses. The case was, then, fixed for arguments and, even after the case was fixed for argument, when the accused-petitioner pleaded that he was a juvenile and that he may be dealt with accordingly, the learned trial Court passed an order, on 10-9-2009, observing to the effect, inter alia, that the question of juvenility cannot be decided separately and that the evidence adduced, as a whole, both by the prosecution as well as the defence, have to be weighed in order to decide the question of juvenility and that the determination of such a question, at the end of the trial, would not cause any prejudice to the accused-petitioner. The learned trial Court, therefore, reiterated in its order, dated 10-9-2009, that the question of juvenility of the accused-petitioner would be taken up together with other questions, which may be raised at the time, when, arguments, in the case, are heard. Aggrieved by this direction, the accused-petitioner has impugned the order, dated 10-9-2009. by filing this revision petition.