LASANG TAMANG Vs. STATE OF SIKKIM

JUDGEMENT

(1.) Heard on I.A. No.02 of 2024, which is an application filed by the Appellant/Petitioner, under Sec. 389(1) of the Code of Criminal Procedure, 1973 (hereinafter, the "Cr.P.C."), seeking suspension of the sentence and consequent enlargement on bail of the Appellant/Petitioner.

(2.) It is submitted by Learned Counsel for the Appellant that from the records before the Learned Trial Court, the age of the accused appears to be recorded as eighteen years. That, the Prosecution made no effort to examine the accused or to take necessary steps for ascertainment of his age. That, it would be to the prejudice of the Appellant if he is confined in custody should it be found that he is a child in conflict with law and not an adult when the offence was committed. That, "child" as defined under Sec. 2(12) of the Juvenile Justice (Care and Protection of Children) Act, 2015, means a person who has not completed eighteen years of age. Sec. 34 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter, the "POCSO Act"), provides that where an offence is committed by a child under the POCSO Act and any question arises with regard to the age of the accused such question shall be determined by the Special Court after satisfying itself about the age of the accused. That, no such steps towards this end was initiated by the Court of the Learned Special Judge (POCSO Act), Gangtok, Sikkim. That in such circumstances, in the interest of justice, the instant Petition be allowed.

(3.) Learned Additional Public Prosecutor submits that he has no objection to the Petition on consideration of the grounds advanced by Learned Counsel for the Appellant.