Arun Kumar Bhattacharya, J. - (1.) In this revisonal application under Section 401 read with 482 of the Cr.P.C., the petitioner has sought to assail the enquiry report regarding alleged juvenility submitted by the learned Additional District & Sessions Judge, 9th Fast Track Court, Calcutta.
(2.) The circumstances leading to the above application are that the petitioner was convicted under Section 302/34, I.P.C. and sentenced to suffer imprisonment for life and to pay fine of Rs. 5,000/- by the learned Judge, 12th Bench, City Sessions Court, Calcutta in Sessions Case No. 71/2001. At the time of hearing of the appeal preferred by the petitioner it was contended by the learned Counsel for the petitioner for the first time before this Court that the appellant/petitioner was a juvenile on the date of incident i.e. 26.3.2001. Accordingly, following the decisions of the Apex Court rendered in Gopinath Ghosh v. State of West Bengal, AIR 1984 SC 237 and Bhola Bhagat v. State of Bihar, 1998 C Cr LR (SC) 82, the matter was referred on 28.3.2005 to the learned Judge, 12th Bench, City Sessions Court, Calcutta to certify a finding as, to the age of the petitioner/appellant on the date of incident after giving opportunity to both sides to lead oral and documentary evidence.
(3.) The learned Chief Judge, City Sessions Court, Calcutta transferred the matter to the learned Additional Sessions Judge, 9th Fast Track Court, Calcutta who held an enquiry and submitted a report holding that the accused/petitioner was not under the age of 18 years on the date of incident.;