ADDITIONAL SESSIONS JUDGE NORTH TRIPURA DHARMANAGAR Vs. STATE OF TRIPURA

JUDGEMENT

(1.) On a reference under Section 395(1) of the Code of Criminal Procedure, received from the learned Additional Sessions Judge, North Tripura, Dharmanagar in connection with Sessions Trial No.48(NT/D) of 2001, this Criminal Reference Petition has been registered.

(2.) The facts leading to the registration of this case could be summarised thus : On the basis of a charge sheet involving five accused persons including accused Shri Gopesh Debnath, appears to be a juvenile, in the commission of offence punishable under Section 376(1), 323 read with Section 34 of I.P.C., the learned Magistrate took cognizance and committed the case to the learned Additional Sessions Judge. After thorough perusal of the materials available and after hearing the learned counsel for the parties, the learned Additional Sessions Judge framed charge under Section 376(1) of the I.P.C. against the juvenile accused Shri Gopesh Debnath and under Section 323/34 I.P.C. against five accused persons including juvenile Gopesh Debnath. When the provisions of "The Juvenile Justice (Care and Protection of Children) Act, 2000" (in short "the Juvenile Justice Act") was brought to the notice of the learned Additional Sessions Judge, he transmitted the case record to the learned Chief Judicial Magistrate, West Tripura, Agartala, a Juvenile Court for disposal, but the learned Chief Judicial Magistrate, West Tripura, Agartala returned the case record making an observation that "he was unable to try the case as the Government after the repeal of the Juvenile Justice Act, 1986 (53 of 1986) had not constituted the Juvenile Justice Board as required under Section 4 of the Juvenile Justice (Care and Protection of Children) Act, 2000". Besides, the learned Chief Judicial Magistrate observed that "the State Government had not provided him the infrastructure for the smooth running of the Juvenile Court". On receipt back the case record, the learned Additional Sessions Judge, North Tripura, Dharmanagar referred the case under Section 395 of the Code of Criminal Procedure for decision.

(3.) For deciding the question involved in this case, the provisions of Sections 2(k), 2(1), 4, 14, 17 and 18 of the Juvenile Justice Act are very much relevant and as such are excerpted below :- "2 (k) "juvenile" or "child" means a person who has not completed eighteenth year of age." 2(1) "juvenile in conflict with law" means a juvenile who is alleged to have committed an offence".