- (1.) Leave granted.
(2.) This appeal is directed against the judgment and order passed by the High Court of Gauhati in Criminal Appeal No.3 (AP) of 2009, dated 03.05.2010. By the impugned judgment and order, the High Court has affirmed the judgment and order passed by the Trial Court, in Sessions Case No. 490 of 2006, by convicting the first respondent- herein (R-1) under Sections 302, 376 and 201 of the Indian Penal Code, 1860 (the "IPC" for short). However, taking into consideration the plea of the learned Counsel for the R-1, as to the juvenility of R-1 on the date of the commission of the offence, i.e., 06.09.2005, the High Court, while sustaining the conviction passed by the Trial Court, has granted R-1 the benefits under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000 (the "Act" for short). The High Court vide the impugned judgment and order has restricted the sentence awarded by the Court below to the period of imprisonment already undergone by R-1.
(3.) Aggrieved by the latter part of the judgment with respect to the benefits conferred upon R-1 under the Act, the Complainant- herein, who was not a party before the High Court, is before us with permission to file the Special Leave Petition. This Court, while issuing notice on 10.09.2010, had granted permission to the Complainant to file the Special Leave Petition against the judgment and order passed by the High Court, insofar as the latter portion of the judgment and order passed by the High Court is concerned.;