Sankar Prasad Mitra, C.J. - (1.) This Bench has been constituted pursuant to a reference under Chap. VII of the Appellate Side Rules by a Division Bench consisting of Mr. Justice P. K. Chanda and Mr. Justice Sudhamay Basu.
(2.) The question referred to us is as follows :-- "For the purpose of determining whether a person is a child or not within the meaning of Section 28 of the West Bengal Children Act, 1959, is the age to be determined with reference to the date of the commission of the offence or when the person is brought before the Court or with reference to some other date ?"
(3.) In Criminal Appeal No. 470 of 1'974, (Madan Pradhan v. The State) reported in 1976 (1) Cal LJ 224 Mr. Justice P. C. Barooah sitting with Mr. Justice H. N. Sen has held that if a person be a child "on the date of the commission of the offence for which he was convicted" his trial along with an adult is "clearly without jurisdiction being in contravention of the specific provision of Section 28 (1) of the Act".;