- (1.)In this Criminal Appeal, on 30-11-2009, this Court while noting the argument of the Appellant's Advocate and particularly that the Appellant/Accused was a juvenile in conflict with law had not completed 18 years of age as on the date of the commission of the offence, directed that an inquiry be conducted by the Children's Court at Panaji as to whether the Appellant was a juvenile on the date of the commission of the offence. This Court observed that although the claim was raised during the trial before the trial Court no inquiry was conducted. Therefore, the inquiry be now held and the records and proceedings be sent back to this Court along with the report of the inquiry. The Court directed that the inquiry be completed within three months from the date of communication of the Order.
(2.)Accordingly, the inquiry has been held and the President, Children's Court of the State of Goa by his Order dated 5-3-2010 held that the Appellant/Accused was about 18 years of age as on the date of the commission of the offence.
(3.)The records were thus forwarded to this Court with the report and when the Criminal Appeal was placed for hearing and final disposal, learned Counsel appearing for the Appellant submitted that the Appellant is desirous of impugning and challenging the findings recorded by the Children's Court in its Order dated 5-3-2010. Accordingly, by an Order passed on 31-3-2011, we permitted the learned Counsel appearing for the Appellant to amend the Memo of Appeal and incorporate therein additional grounds to challenge this Order/Report. The Memo of Appeal has been amended.