- (1.) The challenge in this appeal is to the judgment and conviction dated 22.12.2009 and 23.12.2009 respectively thereby convicting the appellant Raj Kr. Mondal under section 376/511 of the IPC and sentencing him to suffer RI for five years and to pay fine of Rs. 5,000/-. The appeal has been preferred challenging the judgment above on many fold grounds and one of the main ground is that the learned Court failed to consider that on the date of occurrence, the appellant was below the age to attain the majority in terms of Juvenile Justice (Care and Protection of Children) Act, 2000 (As amended).
(2.) Since this point is raised seriously by Mr. Acharya, learned Counsel appearing for the appellant and conceded by Mr. Chakraborty, learned Counsel appearing on behalf of the State of West Bengal, this Court thinks fit and proper to take up the matter first of all without entering into the merit of the judgment.
(3.) Section 7A of the Juvenile Justice (Care and Protection of Children) Act, 2000 is set out below:- [7A. Procedure to be followed when claim of juvenility is raised before any Court.--(1) Whenever a claim of juvenility is raised before any Court or a Court is of the opinion that an accused person was a juvenile on the date of commission of the offence, the Court shall make an inquiry, take such evidence as may be necessary (but not an affidavit) so as to determine the age of such person, and shall record a finding whether the person is a juvenile or a child or not, stating his age as nearly as may be: Provided that a claim of juvenility may be raised before any Court and it shall be recognised at any stage, even after final disposal of the case, and such claim shall be determined in terms of the provisions contained in this Act and the rule made thereunder, even if the juvenile has ceased to be so on or before the date of commencement of this Act. (2) If the Court finds a person to be a juvenile on the date of commission of the offence under sub-section (1), it shall forward the juvenile to the Board for passing appropriate orders and the sentence, if any, passed by a Court shall be deemed to have no effect].;