ASWINI KUMAR BOSE Vs. EMPEROR

JUDGEMENT

(1.) The facts of the case out of which this appeal has arisen are briefly these: One Jagadish Ch. Bose, a child of 12 was arrested on 7 July 1930. The charge against him apparently was that he caused obstruction in Harrison Road by distributing leaflets. He was further charged under Section 12, Press Act, with publishing a paper which was not in conformity with the rules contained in Section 3, Press Act, namely that there did not appear on it the names of the printer, the press of printing and the publisher. He was produced before the Magistrate on 8 July. It does not appear that any attempt was made to communicate to his parent or guardian. It was then ordered by the Magistrate that a medical officer would examine him on 10 July. This examination, I understand, was for the purpose of determining his age. On the 10 he was apparently examined by the Medical Officer who declared that he was 12 years old. The order then passed was "tomorrow for evidence. Accused as before. The father or guardian to appear." On 11 July the order is: Accused Jagadish Ch. Bose pleads guilty to the charge under Section 233, I. P.C., and under Section 12, Press Act, as per details in police challan which are read over to him. Summon his father to show cause why he should not pay fine, if imposed under Section 25, Bengal Children Act. Put up on 15 July. Accused as before.

(2.) On 15 July 1930 the father of the accused appeared and showed cause which was not considered satisfactory and he was directed to pay Rs. 50, the fine imposed upon the accused, under Section 25, Bengal Children Act. Section 20, Bengal Children Act, provides that when a child or young person is charged with any offence or when a child is brought before a Court on an application for an order to send him to an industrial school, his parent or guardian may, in any case and shall, if he can be found and resides within a reasonable distance and the person so charged or brought before the Court is a child, be required to attend at the Court before which the case is heard, during all the stages of the proceedings, unless the Court is satisfied that it would be unreasonable to require his attendance.

(3.) Now it does not appear in the present case that any attempt was made to comply with this section of the Act. All we find is that on 10 July the order is: The father or guardian to appear." It has been suggested that the father was present in Court. Clearly, if that were so, the form of order would not have been: "The father or guardian to appear". If he had been present in Court the Court would obviously have known whether he was father or guardian, for it is a fact which could have been at once ascertained from him. It does not appear however that any notice was sent to him to appear or any attempt made to insure his attendance. The next order which was passed on 11 July is: Accused Jagadish Ch. Bose pleads guilty to the charge under Section 283, I. P.C., and under Section 12, Press Act.