SUBHRO KAMAL MUKHERJEE, J. - (1.) ALTHOUGH the matter is appearing under the heading bail in connection with appeal, by consent of Mr. Manjit Singh, learned Public Prosecutor appearing for the State, the appeal itself is taken up for hearing.
(2.) PURSUANT to an order dated December 11, 2013 passed in this appeal the learned Chief Metropolitan Magistrate, Kolkata, had an enquiry as to whether the accused/appellant was a juvenile in conflict with law on the date of commission of the offence. In order dated February 17, 2014, the learned Chief Metropolitan Magistrate, Kolkata, held that the accused was a juvenile in conflict with law on the date of commission of the offence on October 12, 2001. By the impugned judgment and order of conviction and sentence, the accused was found guilty of the offence under Section 302 and was sentenced to suffer life imprisonment. Under Section 15 (g) of the Juvenile Justice (Care and Protection of Children) Act, 2000, the court can make an order directing the juvenile to be sent to a special home maximum for a period of three years. Thus, when we find that he is juvenile on the date of commission of the offence and as there was no allegation as against him that his behaviour in the correctional home was not good, we dispose of this appeal by releasing him forthwith, if not required in any other case. In view of disposal of appeal, the application becomes infructuous and the same is, also, disposed of.
(3.) LET the lower court records of this case be sent down to the court below at once. The Criminal Section is directed to deliver urgent photostat copy of this judgment to the parties, if applied for, on priority basis upon compliance of all formalities.;