JAMUNA GOUR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K A Mazumdar, learned counsel for the applicants. Also heard Ms. S Jahan, learned Additional Public Prosecutor for the State authorities as well as Ms. Meghali Barman, who has assisted the Court as Amicus Curiae.

(2.) A question of juvenility has been raised in respect of appellants No.2 and 3, namely, Achawal @ Achal Gaur and Barkalika Gaur respectively. Accordingly by the order dated 13.02.2019 in IA(Crl.)No.677/2019 in connection with Crl.A No.187/2014, an enquiry was required to be made by the learned Sessions Judge, Hailakandi on the question as to whether the appellants No.2 and 3 were juveniles at the time when the occurrence took place. Consequent to such order, a report dated 09.05.2019 has been submitted by the learned Sessions Judge, Hailakandi with reference to Misc. Enquiry Proceeding No.2/2019 by which both the appellants were held to be juveniles as on 12.01.2006 when the occurrence took place.

(3.) Section 2(13) of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short, JJ Act of 2015) defines 'child in conflict with law' to mean a child who is alleged or found to have committed an offence and who has not completed eighteen years of age on the date of commission of such offence.